Legal Question in Family Law in Indiana

My ex change her health insurance to a high deductable plan that the company she works for puts $2,000 into an account for and IRA/medical deductable coverage. I am resposible for 85% of all medical after the first $500 she spends out of pocket. Is this account considered part of her out of pocket? Can she apply it to medical tax free and then collect it back from me?


Asked on 11/13/09, 7:27 am

2 Answers from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

I suspect that your order says medical expenses etc, nothing about a medical expense account.

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Answered on 11/18/09, 8:57 am
Jay Rigdon Rockhill Pinnick LLP

The money in the MSA is hers. It has nothing to do with your order regarding the children (Your question didn't say so, but I assume your reference was to a required contribution to uninsured expenses for the kids). If she spends from it for the kids, it is still money not available for her own needs, in this case medical needs. She may have a problem with Uncle Sam if she takes from that for the children and gets reimbursed by you later, but that doesn't affect you.

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Answered on 11/18/09, 11:40 am


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