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John
John, Attorney
Category: Legal
Satisfied Customers: 5729
Experience:  Licensed and practicing attorney.
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We currently have an HSA account where my employer

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We currently have an HSA account where my employer contributes to. I carry the insurance on my husbands 2 boys along with our children together. My husband's ex-wife took his son to allergist and the balance due is $450. We currently pay 55% of the non-covered medical bills and she pays 45%. She thinks that since we have an HSA savings, she doesn't have to pay anything towards the bill. Do you know if we have to cover 100% just because my employer ads funds to the HSA account?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: ohio
JA: Has anything been filed or reported?
Customer: We just received the bill from the doctor. In the divorce decree we pay 55% and she pays 45% of the bill.
JA: Anything else you want the lawyer to know before I connect you?
Customer: not that I can think of. I just need clarification that we don't have to pay 100% of the bill.
Customer: replied 7 months ago.
She claims that since we have a family plan, and the non-covered portion goes towards our family deductible, that she is not responsible for our deductible, only co-pays. But, this would be considered a co-pay in a sense because it's a non-covered portion of the bill.

The ex-wife’s argument makes zero sense. In their divorce decree it states somewhere their respective liability for out of pocket medicals in very simple terms – his is 55% hers is 45%. Absent their being a clause that states unless there is available $ in the HSA to cover, then husband has to pay more than 55% - there’s no legal authority for her position. The co-pay argument also makes zero sense. In other words – out of pocket cost is out of pocket cost. I’m sure the decree doesn’t say unless one of you has a family plan in which case the opposite party must contribute less. Unfortunately, if she’s not going to pay her share, then he has to file a motion with the court to enforce that.
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