My ex husband carries the health insurance for our minor daughter (legally obligated to carry her insurance per divorce agreement). He just switched to a different insurance plan with the same carrier and did not communicate this to me, other than a new id card in an envelope. The new plan is a high deductible plan with a $5,000.00 per person deductible. It has an HRA, health reimbursement Account, funded by his employer, tied to it. The HRA is first-funded, so a medical bill will go through insurance and be paid by the HRA.
In the past, our court order was to split medical bills, myself paying 53% and he's to pay 47%. When this new HRA makes payment on a bill, does he have the right to send me a bill for reimbursement for my 53%, even though he paid nothing out of pocket because payment of the bill was made by his employer-funded HRA?
1 Answer from Attorneys
I don't think a court will let him "profit" from the court order because the purpose of that order is that the unreimbursed bills should be shared fairly pursuant to the child support guidelines. Since the medical bills that are funded by the HRA are not "unreimbursed" then you shouldn't have to give him any money.
I would send him an email explaining your position now. If he gives you a hard time you should file a motion with the court to clarify the previous court order. Don't wait until he starts sending you bills.