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Can court force employer HSA contribution to be used for child support?

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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!!
 


LdiJ

Senior 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!!
I am kind of agreeing with your attorney.

Anything your insurance pays would not be considered to be part of "your half" of the medical expenses right? The purpose of an HSA (and the employer contribution) is to replace regular health insurance with a high deductible medical plan plus an HSA. Therefore, the out of pocket medical expenses are much higher than they would be with more traditional medical insurance. Your employers contribution to the HSA is designed make up for that in part. Therefore I agree that the 500.00 your employer contributes should be used before your ex has to cover medical expenses.
 

Proserpina

Senior Member
I am kind of agreeing with your attorney.

Anything your insurance pays would not be considered to be part of "your half" of the medical expenses right? The purpose of an HSA (and the employer contribution) is to replace regular health insurance with a high deductible medical plan plus an HSA. Therefore, the out of pocket medical expenses are much higher than they would be with more traditional medical insurance. Your employers contribution to the HSA is designed make up for that in part. Therefore I agree that the 500.00 your employer contributes should be used before your ex has to cover medical expenses.


Ditto. Fully agree.

(character thingy)
 

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