Legal Question in Family Law in Utah

can medical insurance be deducted from child support order

I live in AZ, I have what is called a flex pay account, Through my employeer, It payes for all expiences that my insurance does not cover, for example: co-pays, deductables, RX ect. This costs an additional 380.00 a month above what I pay for medical insurance. I signed up for this program to take the burden off my soon to be ex wife. thinking that a portion of the cost would be included in the child support order there in Utah much the same as it is here in Arizona. I'm hearing that it may not work out that way at all. What can I expect. Also my soon to be X has refused to use the card the last few times, picking up the cost herself, will that effect the outcome, and could i be held responcible for the portions that she has paid out of pocket, even with the net in place for her to take advantage of.

The only reason for this account is to realive burden from her, there is nothing for me to gain by using it,it's a debt account, bad thing is if it doesnt get used, i cant recoupe the money put in, nor can i stop paying on it for a full year.


Asked on 4/01/06, 8:45 am

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: can medical insurance be deducted from child support order

Your divorce decree should reflect the existence of this flex pay account and how it is to be used. If the decree is silent, then you must get it changed to reflect how it is to be used. It sounds like you do not have an attorney in your divorce, which may be a very expensive mistake.

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Answered on 4/03/06, 11:11 am


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