Can Ex make me pay 1/2 medical bills in cash instead of letting me pay DR with HSA??

[ntotheizza]

What is the name of your state (only U.S. law)? Utah

My ex gave me 3 business days notice that she made an appointment to get my daughters phase 2 braces on. There were 2 options:

Pay $1500 up front and then $50 each for 18 months.

Pay $750 up front and then $71 a month each for 18 months.

I told her I wanted the option, because I have enough in my HSA to cover $350. She said $71 was too much for her and she wanted to do the first. I told her I was willing to do the one above, but I would need a few weeks to accrue the full $750 in my HSA, or could have the balance when the hospital refunded a billing error. (That she caused, but that's a different story). She agreed to give me more time, and that she would reschedule the appointment.

Monday morning she texts me and says she changed her mind, so I can either be at the dentists office at 7:45 Tuesday morning to sign up for my portion of the payments and have $750 for my half of the deposit, or she will the full $1500 and I will have to pay her back. I told her I can't pay her with my HSA, so she's need to either wait or do plan B. She said she would pay and if I didn't giver her the money by January 15th, she'd see me in court. I would like to get some opinions and thoughts. Is this legal?

 

[Proserpina]

What is the name of your state (only U.S. law)? Utah

My ex gave me 3 business days notice that she made an appointment to get my daughters phase 2 braces on. There were 2 options:

Pay $1500 up front and then $50 each for 18 months.

Pay $750 up front and then $71 a month each for 18 months.

I told her I wanted the option, because I have enough in my HSA to cover $350. She said $71 was too much for her and she wanted to do the first. I told her I was willing to do the one above, but I would need a few weeks to accrue the full $750 in my HSA, or could have the balance when the hospital refunded a billing error. (That she caused, but that's a different story). She agreed to give me more time, and that she would reschedule the appointment.

Monday morning she texts me and says she changed her mind, so I can either be at the dentists office at 7:45 Tuesday morning to sign up for my portion of the payments and have $750 for my half of the deposit, or she will the full $1500 and I will have to pay her back. I told her I can't pay her with my HSA, so she's need to either wait or do plan B. She said she would pay and if I didn't giver her the money by January 15th, she'd see me in court. I would like to get some opinions and thoughts. Is this legal?

You can't hold her hostage due to a billing error no matter who caused it - forget that option because it's not actually an option.

Out of interest have you spoken directly to the dentist to see what they're saying about payment arrangements?

(And out of my own curiosity, what happens on January 15th? does your employer turn into a pumpkin? Does she realize that she can haul you into court in March - because let's face it's hardly likely to happen before then - all she wants but when you turn up with your check-book and a puzzled look she's going to look like a complete idiot?)

 

[ntotheizza]

You can't hold her hostage due to a billing error no matter who caused it - forget that option because it's not actually an option.

Out of interest have you spoken directly to the dentist to see what they're saying about payment arrangements?

(And out of my own curiosity, what happens on January 15th? does your employer turn into a pumpkin? Does she realize that she can haul you into court in March - because let's face it's hardly likely to happen before then - all she wants but when you turn up with your check-book and a puzzled look she's going to look like a complete idiot?)

In no way am I holding her hostage. I just don't have $750 until I get reimbursed from the hospital or until I accrue it by the second week in December. I can't pay her with my HSA, but I can pay the doctors office, Once I have the balance in my account. The dentist basically said anyone can make a payment at anytime, so I paid $500 today toward the balance, and I'm getting the HSA refund next week and plan on paying another $500 dollars. I am considering the $1500 she put down today as her half of the braces and will pay the rest. She stated she is going to pay the rest of the balanced before I can so I have to pay her the money instead of the doctor.

 

[single317dad]

What is the name of your state (only U.S. law)? Utah

My ex gave me 3 business days notice that she made an appointment to get my daughters phase 2 braces on. There were 2 options:

Pay $1500 up front and then $50 each for 18 months.

Pay $750 up front and then $71 a month each for 18 months.

I told her I wanted the option, because I have enough in my HSA to cover $350. She said $71 was too much for her and she wanted to do the first. I told her I was willing to do the one above, but I would need a few weeks to accrue the full $750 in my HSA, or could have the balance when the hospital refunded a billing error. (That she caused, but that's a different story). She agreed to give me more time, and that she would reschedule the appointment.

Monday morning she texts me and says she changed her mind, so I can either be at the dentists office at 7:45 Tuesday morning to sign up for my portion of the payments and have $750 for my half of the deposit, or she will the full $1500 and I will have to pay her back. I told her I can't pay her with my HSA, so she's need to either wait or do plan B. She said she would pay and if I didn't giver her the money by January 15th, she'd see me in court. I would like to get some opinions and thoughts. Is this legal?

While it seems your order dictates that you share 50% of the medical expenses, what does it say in regard to who makes medical decisions? Is your ex-wife in complete authority of your child's medical care, or are you supposed to make bilateral decisions?

If you're supposed to consult and decide together, I don't find waiting a little while to have braces altered to be much of a burden, and I doubt a judge would either. Mom should have waited until everyone involved could pay their share.

If she's in sole control of the decision-making, you're stuck with the bill the way she made it.

 

[ntotheizza]

We are supposed to have bilateral decisions over medical.

 

[ntotheizza]

Also, she has had her phase 1 braces off for more than a year, they could have waited 2-3 more weeks.

 

[single317dad]

in that case, I would argue that Mom, by her unilateral decision, increased the cost of the procedure. Any additional costs over and above the total cost of the cheaper option should be hers to bear. You shouldn't lose the money in your HSA, so even though you'll have to repay Mom directly, you'll be able to apply the HSA toward other expenses. You don't really have any damages there.

Those plans are kind of screwy anyway. Usually, a payment plan with a higher initial fee and lower payments will result in a lower total amount paid, but in this case you'll repay $2400 versus $2028 with the $750 plan. There's really no reason to choose the $1500 plan.

I would offer to pay $375 ASAP, and a total of $1014 over 18 months, which would have been the correct amount had she chosen to co-parent. Negotiate from there up toward the $1200 she's going to want.

 

[t74]

Pay the doctor from your HSA and she can get a refund from the doctor.