Does Employer Funded HSA affect split of medical expenses?

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The separation agreement states Mother and Father will split equally extraordinary medical expenses. After the agreement was signed by both parties, Mother disclosed to Father her employer funds her H.S.A. account due to the child being on her insurance. Should Mother be required to exhaust employer funds before asking Father for half of extraordinary medical expenses?

2 Attorney Answers

Best Answer
If it is not in the Agreement you would likely not be successful to have a court force her to do that. If she is willing to agree, that is a different story.
Best Answer
50-50 is 50-50, regardless where the money comes from, however, the funds that go into the HSA should be considered income for support purposes, even if not taxable.

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