What can I do if my ex-husband is refusing to use his health spending account to pay for my son’s medical bills?

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What can I do if my ex-husband is refusing to use his health spending account to pay for my son’s medical bills?

Can I do anything about this? I am having to pay more out of my pocket because he is not useing the insurance money the insurance company put in this account for my son.

Asked on December 4, 2014 under Family Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am a bit confused about the account.  Generally these kind of flex accounts are set up via an employer who puts pre -tax money that has been designated by the employee in to that account to be used for health expenses that are laid out by an employee, such as co-pays for MD visits and pharmacies. Why is an insurance company contributing?  Your divorce agreement will be what you need to refer to for what your ex spouse is required to cover and that is whee you should start no matter what. If he is required to pay for what you are laying out and he has not, that is a breach of the agreement and generally you can go to Family Court to enforce it.  Good luck. 


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