Health savings account and medical reimbursement order

[TuckersMom]

Pennsylvania

Hello all.

I going through cancer treatment and trying to handle my ex without an attorney as I can't afford it right now

Can anyone tell me if my ex uses his health savings account to pay for our child's copays, then are those considered out of pocket for him?

He puts $550 a month into the account and his employer puts $240 a month into it.

There is a follow up question in regards to child support. My thinking is that if this money is tax free and wasn't used in our child support calculation, then how can it be considered his income and those expenses then considered out of his pocket? I think they use what he actually takes home in his pay each month to calculate our child support.

Thanks so very much
Tucker's Mom

 

[cbg]

I know more about HSA's than I do about child support, but it seems to me that since he is funding, at least in part (and the larger part) of the FSA, why shouldn't it be considered an out of pocket expense? He's reimbursing himself with pre-tax dollars, yes, but it's still his money.

And in the same manner, it's still money out of his paycheck whether it's pre- or post tax. Do you know for certain that it wasn't included in the support order?

I hasten to add that I am expressing an opinion; if I am wrong and there are actual statutes or case laws related to this, the child support experts can certainly tell me so.

May I ask what your goal is here?

 

[TuckersMom]

I know more about HSA's than I do about child support, but it seems to me that since he is funding, at least in part (and the larger part) of the FSA, why shouldn't it be considered an out of pocket expense? He's reimbursing himself with pre-tax dollars, yes, but it's still his money.

And in the same manner, it's still money out of his paycheck whether it's pre- or post tax. Do you know for certain that it wasn't included in the support order?

I hasten to add that I am expressing an opinion; if I am wrong and there are actual statutes or case laws related to this, the child support experts can certainly tell me so.

May I ask what your goal is here?

My goal is to not be taken advantage of, as I can't afford an attorney.

He originally presented me with astronomical claims and asking for 5 time what he actually paid for. I made phone calls and he lied about every single bill, so I can not trust him.

His wife is an attorney and her cousin represents him so I certainly can't trust her either.

I am fine with paying my share, but he has a very long history of doing this kind of thing and he refuses to explain how his insurance and HSA work so I need to figure it out on my own.

His wife works full time and could certainly get a better health insurance plan. He lives here but his employer is in another state so every single thing is considered out of network with much higher out of pocket costs.

I have to think there is some advantage for him to have this type of plan. And as I said, I certainly can't trust him.

I am just trying to learn all I can.

 

[Silverplum]

At the bottom of the page is a phone number for you to ask questions: http://statelaws.findlaw.com/pennsylvania-law/pennsylvania-child-support-guidelines.html

 

[Silverplum]

My goal is to not be taken advantage of, as I can't afford an attorney.

He originally presented me with astronomical claims and asking for 5 time what he actually paid for. I made phone calls and he lied about every single bill, so I can not trust him.

His wife is an attorney and her cousin represents him so I certainly can't trust her either.

I am fine with paying my share, but he has a very long history of doing this kind of thing and he refuses to explain how his insurance and HSA work so I need to figure it out on my own.

His wife works full time and could certainly get a better health insurance plan. He lives here but his employer is in another state so every single thing is considered out of network with much higher out of pocket costs.

I have to think there is some advantage for him to have this type of plan. And as I said, I certainly can't trust him.

I am just trying to learn all I can.

His wife and her insurance and her career choices have nothing whatsoever to do with you.

 

[LdiJ]

I know more about HSA's than I do about child support, but it seems to me that since he is funding, at least in part (and the larger part) of the FSA, why shouldn't it be considered an out of pocket expense? He's reimbursing himself with pre-tax dollars, yes, but it's still his money.

And in the same manner, it's still money out of his paycheck whether it's pre- or post tax. Do you know for certain that it wasn't included in the support order?

I hasten to add that I am expressing an opinion; if I am wrong and there are actual statutes or case laws related to this, the child support experts can certainly tell me so.

May I ask what your goal is here?

Just to play devil's advocate...

He is also paying less for his insurance, and has a much higher deductible, meaning higher out of pocket costs for the other parent as well, before insurance kicks in.

He is probably getting less credit for the insurance in the child support calculation, but at the same time his income is likely reduced for child support purposes as well, since its pre tax dollars, so that part may be a bit of a wash.

 

[cbg]

Valid points.

 

[rooms222]

It is not clear that the stepmother's insurance plan offers coverage to stepchildren. Under the ACA, new guidelines make it clear stepchildren do not have to be offered coverage. http://www.erisapracticecenter.com/2014/02/21/coverage-of-dependents-final-pay-or-play-regulations-exclude-stepchildren-and-others-extend-prior-transitional-relief/

Spouses also do not have to be offered coverage under the ACA. Natural-born and adopted children legally allowed to be resident in the United States must be offered coverage. That distinction is also noted in the article above.

Also, the HDHP may be the only choice available to him. It now is at my job.