Can my ex-husband withhold medical expenses from child support?

UPDATED: Jul 12, 2011

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Can my ex-husband withhold medical expenses from child support?

My ex-husband is refusing to pay child support because, he says, my portion of the kids medical bills was taken out of his HPA account at work, therefore I owe him that money. However, the medical claims were only submitted to his insurance account and then his Family HPA kicked in and paid the balance. The HPA account is an account that his employer contributes to for medical expenses – kind of like an escrow account. Because of the HPA account the balance on the invoices not covered by his insurance were never sent to the kids secondary insurance company and CSHCS (for my daughter with CP). Can he deduct the amount from my child support, and can he claim I owe him for my portion even though he has his account set up not to bill our other insurance companies.

Asked on July 12, 2011 under Family Law, Michigan


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The answer to your question should be set forth in the child support agreement and order (if any) that you an your former husband would have concerning your dissolution and your children. The child support agreement (if you have one) would be an order of the court concerning your marital dissolution and would govern the obligation of your former husband to his children.

If there is no child support order and agreement between you and your husband concerning your children, then you need to get one in place for the good of the children. Most States in this country have guidelines for the amount of monthly child support obligations based upon income and expenses on a monthly basis of each parent to come up with th amount owed monthly for child support.

Once a child support order is in place, then most likely it would take in account issues concerning the HPA Account which apparently is a "savings" account for medical care that deposits into are typically not deemed part of income for tax purposes.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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