Question:
Per my divorce decree, I have to provide health insurance for my kids with expenses split in half with my ex.
Recently my insurance plan changed to a $3,000 deductible and my employer started Health Savings Accounts for its employees and is matching my contributions for the first year.
My ex says that the employer contribution has to be exhausted prior to her having to pay any out-of-pocket medical expenses for our kids.
What are your thoughts?
Answer:
It is likely that your child support order provides that you equally split all uninsured health care costs over the ordinary medical amount calculated in your case. If you pay the expenses up front and then get reimbursement from your employer, the expenses would likely be considered insured.
If you do not get reimbursed by your employer, you should submit a written request to your former spouse for reimbursement of her half of the expenses. If she does not respond to this request within 28 days, the Friend of the Court can be called for enforcement and to help you secure payment.
You should keep detailed records of all health care costs you pay for your children on a yearly basis. Not only will it help you support your claim for reimbursement, but you may be able to get a tax credit or deduction for some of those costs on your federal or state income tax returns.
Do not rely on this information as establishing an attorney-client relationship. Contact an attorney immediately for assistance.
Cordell & Cordell represents men in divorce nationwide.
Jill A. Duffy is an Associate Attorney in the Troy, Mich., office of Cordell & Cordell. She is licensed to practice in the state of Michigan. Ms. Duffy received her BA in Psychology and Spanish and graduated Magna Cum Laude from Oakland University. She received her Juris Doctor from Michigan State University College of Law and graduated Magna Cum Laude.
