Legal Question in Family Law in Massachusetts

Hello,

In my divorce it is stated that my ex-spouse will cover me and my child under the policy until I get remarried or work for a company that provides health insurance. My spouse is a Vet and her company (S corp) pays for company benefits for all employees. Our divorce agreement states that I shall pay for half of all uninsured medical costs. However, my ex is now trying to make me pay for half of the company paid benefit, that my ex receives a K-1 and W2 for. I know that she is unable to do this, but my ex still persists in sending my monthly statements of the money owed for half of the company paid health insurance.

Are there any documents that I can provide to my ex to stop? I have explained to my ex every month that "you can not charge me" for 1/2 of somethin that you don't pay for and furthermore the divorce agreements states that I am responsible for 1/2 of the "uninsured costs".

Please help. I would like to attach a document that states in black and white .. that "you can not retreive financial reimbursement for a company paid benefit". My ex is under the assumption that because the company is partially owned by them and a partner that it is an expense that they are paying. But when you are an employee of your own business then money is not coming from you, but rather the company, that receives a tax deduction from the benefits paid out to the employees.

Please help

Thank you kindly.

Kellie


Asked on 8/06/09, 7:14 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

If you believe this to be true, your goal should be to file a contempt action against your ex.

If you need assistance or have more questions, contact me.

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Answered on 8/11/09, 7:28 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

You should take your separation agreement or divorce decree to an attorney to have it reviewed and to see what, if anything, your next step should be. If your ex-husband is not in compliance with the separation agreement or divorce decree, you should bring a contempt action.

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Answered on 8/12/09, 7:03 am


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