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Can court garnish health savings acct (HSA) for child support medical

Discussion in 'Child Support' started by jkelly3493, Jul 22, 2014.

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  1. jkelly3493

    jkelly3493 Law Topic Starter New Member

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    Hi there!

    I'm about to go back to court (for among other things) to try to get half of my daughter's medical expenses from my ex, which he has refused to pay any since the divorce, even though I have religiously followed the 30/30 rule (30 day notification/30 days to remit payment). My daughter is covered under my medical, under a health savings account (HSA).

    My company pays $500 into the account for me, but because I'm on the family plan, they contribute another $500 ($1000 per year). My daughter is the only other person on the family plan besides me, but if I add anyone else on my plan, the total is still max $1000. It's considered part of my non-taxable income on my W2 from my employer.

    My ex is claiming that 100% of the additional $500 from the company should got toward my daughter's medical first. My argument is that the $500 is for MY HALF of her medical, NOT his half. It is a family plan - some years it may all go toward me, some years it may all go toward her. But regardless it should still be for only my half of her medical.

    My lawyer agrees with HIM, and says he's only had experience with a case where they negotiated a complex HSA calculation during the divorce. It makes me angry that the deadbeat could get out of paying his fair share. Am I completely wrong here???

    Is there any Nevada case law for (or against) my argument that the HSA account if for MY HALF of my daughter's medical, and not applicable to his half? I can't be the first person to go through this.

    We go to court in 2 weeks, so any help is greatly appreciated!!
     
  2. Proserpina

    Proserpina Moderator

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    I agree with your attorney and I think the court will agree.

    But standby a bit. I'll see what I can dig up.
     
  3. army judge

    army judge Super Moderator

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    I agree with your lawyer.
    I don't think you'll easily find much case law without using a legal search service.
    Even using one, its doubtful that domestic cases are academically sufficient to garner much interest.
    They tend to lack constitutional issues or disputes.
    Why not agree to cut it in half?
    It'll cost BOTH of more than $500 to litigate this issue.
    Think about splitting it down the middle.
    Have your lawyer put the offer on the table.
    If he refuses, the court will likely side with you.
    Family court judges encourage litigants to resolve their issues without coming to court.
    You set yourself up to win, either way by showing your spirit of compromise.
    After all, all are said to be concerned with TBIOTC (the best interests of the child).
     
  4. Proserpina

    Proserpina Moderator

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    I think that's 5 times over a few boards where we're all in agreement with her attorney.

    What's the likelihood of that?! :D
     
    army judge and KatDini like this.
  5. army judge

    army judge Super Moderator

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    Oh my, say it so, Pro.

    The sky is gonna fall. LOL
     

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