Health Expense Enforcement

[HadEnuff49080]

What is the name of your state (only U.S. law)? Michigan. My ex wife and I are court ordered to cover our son on health insurance, at our own expense. Neither of us contribute to the others plan.

My obligation is met through my wife, who covers herself, our son, me, and my other son-her stepson - so 4 total, with my son from previous as secondary insurance only. I pay 1/2 of uninsured medical expenses after an ordinary medical expense amount is met.

My wife's employer has a provision that states whenever the normal benefit exceeds the amount they actually have to pay to pay the balance at a doctor, they place the extra in her credit reserve account. If "under her plan" which covers 3 of us as primary and my son from previous as secondary, we have prior expenses, such as copays, deductibles, etc. - they refund her the money placed in her credit reserve; in essence a discount on her total premium paid to help with prior out of pocket "under the plan" It is plan specific and although they saved money on my son's visits, it was refunded to her to assist with everything paid out out of pocket under the plan, which shouldn't be that much for my son who is covered as secondary only.

My ex wife has filed a complaint with the court to receive 50% of that money that was sent back to my wife, which is plan specific not dependent specific. She is also only aware that this money came back from premium as she created online account under the insurance, which we are also dealing with right now.

My question is - is she entitled to any of the money that was refunded to my wife, which is plan specific not dependent specific. We have all of this in writing from the insurance company.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Michigan. My ex wife and I are court ordered to cover our son on health insurance, at our own expense. Neither of us contribute to the others plan.

My obligation is met through my wife, who covers herself, our son, me, and my other son-her stepson - so 4 total, with my son from previous as secondary insurance only. I pay 1/2 of uninsured medical expenses after an ordinary medical expense amount is met.

My wife's employer has a provision that states whenever the normal benefit exceeds the amount they actually have to pay to pay the balance at a doctor, they place the extra in her credit reserve account. If "under her plan" which covers 3 of us as primary and my son from previous as secondary, we have prior expenses, such as copays, deductibles, etc. - they refund her the money placed in her credit reserve; in essence a discount on her total premium paid to help with prior out of pocket "under the plan" It is plan specific and although they saved money on my son's visits, it was refunded to her to assist with everything paid out out of pocket under the plan, which shouldn't be that much for my son who is covered as secondary only.

My ex wife has filed a complaint with the court to receive 50% of that money that was sent back to my wife, which is plan specific not dependent specific. She is also only aware that this money came back from premium as she created online account under the insurance, which we are also dealing with right now.

My question is - is she entitled to any of the money that was refunded to my wife, which is plan specific not dependent specific. We have all of this in writing from the insurance company.

Your ex has absolutely no grounds to sue your wife. Your wife's attorney should be able to get that thrown out quickly.

Your ex COULD come after you, though. It really comes down to what the exact wording of your order is. Please give it to us word for word (but without the names).

If it's the way you described it and you each pay 50% of uninsured amounts, I would argue that the credit applied constitutes insurance coverage and your ex should only have to pay 1/2 AFTER you apply the credit. So she is probably entitled to 1/2. However I'll reserve judgment until we know the exact wording.

 

[gam]

What is the name of your state (only U.S. law)? Michigan. My ex wife and I are court ordered to cover our son on health insurance, at our own expense. Neither of us contribute to the others plan.
My obligation is met through my wife, who covers herself, our son, me, and my other son-her stepson - so 4 total, with my son from previous as secondary insurance only. I pay 1/2 of uninsured medical expenses after an ordinary medical expense amount is met.

My wife's employer has a provision that states whenever the normal benefit exceeds the amount they actually have to pay to pay the balance at a doctor, they place the extra in her credit reserve account. If "under her plan" which covers 3 of us as primary and my son from previous as secondary, we have prior expenses, such as copays, deductibles, etc. - they refund her the money placed in her credit reserve; in essence a discount on her total premium paid to help with prior out of pocket "under the plan" It is plan specific and although they saved money on my son's visits, it was refunded to her to assist with everything paid out out of pocket under the plan, which shouldn't be that much for my son who is covered as secondary only.

My ex wife has filed a complaint with the court to receive 50% of that money that was sent back to my wife, which is plan specific not dependent specific. She is also only aware that this money came back from premium as she created online account under the insurance, which we are also dealing with right now.

My question is - is she entitled to any of the money that was refunded to my wife, which is plan specific not dependent specific. We have all of this in writing from the insurance company.

On the bolded Michigan makes each parent carry insurance. In the state child support formula, premiums are figured in there. So say you pay $50 a month in premiums, your ex pays $40, both of those figures are imputed into the formula. You get credit, she gets credit for the amount you pay for the insurance. So you need to relook at your paperwork.

Are you sure your obligation of non covered is 50%. That would mean one of 2 things, either you and your ex make roughly the same amount, or you have 50/50 custody and the amounts you both make are close.

Possible that they deviated on either of these items from the state child support formula, but it should be checked into by you.

Since the premium is figured into child support calculations in Mi, and your wife ends up getting some of the premium back, your ex could be entitled to her % of your sons premium portion only. When they figure the premium you pay to begin with, they only figure in the amount that is for the child. So say there is 5 people they are covering, they subtract the amount for the one actually insured, and they split the rest by 4, so that is the part that is figured on the CS calculations. While your wife is the one getting the refund from the insurance company, your the one getting the break for that premium on your CS calculations, so you may have to give your ex her %.

This is based on standard Michigan Child Support formula, however you could have an order that is deviated, as Mistoffolees said, would need the exact wording of your order.

 

[mistoffolees]

On the bolded Michigan makes each parent carry insurance. In the state child support formula, premiums are figured in there. So say you pay $50 a month in premiums, your ex pays $40, both of those figures are imputed into the formula. You get credit, she gets credit for the amount you pay for the insurance. So you need to relook at your paperwork.

Holy Cow! Can I get insurance wherever you are getting your premiums from?

 

[gam]

Holy Cow! Can I get insurance wherever you are getting your premiums from?

It's called Gam's Insurance, please make your check out to that!

3 years ago, it did only cost my grandson's dad $44 a month to insure the child, of course he paid much more then that to insure himself, but still pretty good compared to what most pay. But you only get credit in the CS formula for the portion you pay to insure the child. My daughter has to pay a percentage of that $44 a month, but it's just subtracted on the CS formula.

It has since gone up, but what his dad did, was switch to an HMO and increased the deductables. It must have kept it close to that $44 a month, cause he didn't go for a modification, and he would if he could.

Her insurance at her work is outrageous, and she works in a hospital. Because hers is so much, they waived her also carrying insurance on the child. It would cost both her and ex more for her to carry insurance to, then it does for just him carrying it.

 

[HadEnuff49080]

The FOC referee decided!!

We went to court yesterday and sat in front of a referee. The ex said that even though she didn't pay towards our premiums and didn't pay anything at the doctors for most of the visits, she felt entitled to the premium refunds my wife received. How did she put it "she has the life I was meant to have, she should have to pay for this".

I've been divorced from her for 10 years, my wife and I started dating 5 years ago, married for 4 - she had nothing to do with the break up. My ex filed for the divorce and admitted she was seeing someone else why we were married. She only has herself to blame for her life.

The referee said that I was meeting my obligation by paying 50% of the uninsured medical expenses. He indicated that the premium refunds were not up for grabs by the ex, which she argued of course that she paid her premiums too and we should share in the discount. The referee politely told her, HadEnuff49080's "wife does not pay for a very generous plan so that she can assist you with your healthcare costs".

Finally, a win for the non-custodial Dad!!! I took great pleasure in watching her storm out of the court room ticked off! Greedy, self-entitled, and just overall a bad person. Since these were the final medical bills, he turned 18 in July - I am officially emancipated, Thank God!