Can I sue my ex-wife in small claims court for non-covered medical bills that exceeds my 50% responsibility?

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Can I sue my ex-wife in small claims court for non-covered medical bills that exceeds my 50% responsibility?

I have been divorced for about 4 years now. My divorce decree states that I pay the medical insurance for my 3 children. It states that we are both equally responsible for the non-covered medical debt not paid by the insurance and that I am to provide her with a flex card. Shortly after I changed jobs and they provided me with a HSA account. I have paid 100% of the non-covered medical up to now. I question whether I can sue her for half of the debt in small claims court that I paid for my children?

Asked on April 7, 2012 under Family Law, Ohio

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You should sue her for the fifty percent remaining that is not owed by you but paid by you. You are receiving a tax benefit with an HSA account so you are getting double benefit if you get the fifty percent of total cost from her back in cash. You need to check your divorce decree to see if the HSA account or flex card you are to provide her is to be in her name or if this is something that may require her to begin the process of placing debts/expnses on that flex card of her own. Contact the court to see if you can file a declaratory motion for a ruling to clarify that particular matter or to force contribution from her (read "reimbursement").


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