jkelly3493
Junior Member
What is the name of your state (only U.S. law)? Nevada
Hi there!
I'm about to go back to court (for among other things) to try to get half of my daughter's medical expenses from my ex, which he has refused to pay any since the divorce, even though I have religiously followed the 30/30 rule (30 day notification/30 days to remit payment). My daughter is covered under my medical, under a health savings account (HSA).
My company pays $500 into the account for me, but because I'm on the family plan, they contribute another $500 ($1000 per year). My daughter is the only other person on the family plan besides me, but if I add anyone else on my plan, the total is still max $1000. It's considered part of my non-taxable income on my W2 from my employer.
My ex is claiming that 100% of the additional $500 from the company should go toward my daughter's medical first. My argument is that the $500 is for MY HALF of her medical, NOT his half. It is a family plan - some years it may all go toward me, some years it may all go toward her. But regardless it should still be for only my half of her medical.
My lawyer agrees with HIM, and says he's only had experience with a case where they negotiated a complex HSA calculation during the divorce. It makes me angry that the deadbeat could get out of paying his fair share. Am I completely wrong here???
Is there any Nevada case law for (or against) my argument that the HSA account if for MY HALF of my daughter's medical, and not applicable to his half, regardless of the source? I can't be the first person to go through this.
We go to court in 2 weeks, so any help is greatly appreciated!!
Hi there!
I'm about to go back to court (for among other things) to try to get half of my daughter's medical expenses from my ex, which he has refused to pay any since the divorce, even though I have religiously followed the 30/30 rule (30 day notification/30 days to remit payment). My daughter is covered under my medical, under a health savings account (HSA).
My company pays $500 into the account for me, but because I'm on the family plan, they contribute another $500 ($1000 per year). My daughter is the only other person on the family plan besides me, but if I add anyone else on my plan, the total is still max $1000. It's considered part of my non-taxable income on my W2 from my employer.
My ex is claiming that 100% of the additional $500 from the company should go toward my daughter's medical first. My argument is that the $500 is for MY HALF of her medical, NOT his half. It is a family plan - some years it may all go toward me, some years it may all go toward her. But regardless it should still be for only my half of her medical.
My lawyer agrees with HIM, and says he's only had experience with a case where they negotiated a complex HSA calculation during the divorce. It makes me angry that the deadbeat could get out of paying his fair share. Am I completely wrong here???
Is there any Nevada case law for (or against) my argument that the HSA account if for MY HALF of my daughter's medical, and not applicable to his half, regardless of the source? I can't be the first person to go through this.
We go to court in 2 weeks, so any help is greatly appreciated!!