momtothreekids
recently joined
Reged: 05/01/12
Posts: 13
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This is part of our child support order, but it is not child support. I am not sure where else to post this.
I pay for all of the children's medical expenses, ex pays for insurance. He refused to give me the EOB's (Explanation of Benefits), but the court ordered him to. When I was given the online access to the EOB's through the insurance website I see why he would not give me access before. Each EOB page shows that he was reimbursed for the amount of money I paid for the co-pays, bills, etc... So when I pay a bill, he was getting the EOB, submitted it to his Flex and getting the money back. I understand that he puts the money in to Flex, but he is getting a tax free withdrawal from that Flex account for monies that I paid. Does that seem legit? I have paid out over $800 of my own money this year so far.
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matilda
Pooh-Bah
Reged: 11/11/04
Posts: 2092
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I don't think the IRS would like this. I believe he can only deduct payments that he has actually made.
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momtothreekids
recently joined
Reged: 05/01/12
Posts: 13
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I called his insurance company to inquire if he could do this and they told me that it does not matter who paid the money, he can still submit it. I don't agree with that at all. I still understand he paid it in, but he should not be able to take it out on something he did not pay. I should call the IRS.
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30386
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So what do you GAIN by pushing this? YOU won't get any more money, all that will happen is HE will have to pay taxes on some of the money. Is it REALLY worth YOU spending money on a charge that will ONLY hurt him?
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Why give a "senior" discount, they have had plenty of time to raise the money...
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ssmom79
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Reged: 06/27/07
Posts: 7806
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You cannot use an FSA to reimburse for items you do not pay yourself. Doing so is fraud. If you want you can report it to the IRS. I don't see why you'd do that really....sounds like a lot of work for little gain and sounds a little vindictive. I guess if you're a stickler for following the law to the letter, I understand your desire to contact the IRS.
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momtothreekids
recently joined
Reged: 05/01/12
Posts: 13
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I am mad, because if he continues to do this all year it will prevent me from reaching my 7.5% medical for a tax deduction. I can't deduct any of this if he uses his FSA. The IRS told me to file fraud. We have a court date next week and one of the issues he is bringing up is health care costs. I will most definitely ask the judge about this!
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MinnesotaMom
enthusiast
Reged: 01/05/11
Posts: 201
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Hopefully your ex will ask the court for you to start paying for 50% of the insurance premium, which is only fair.
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ssmom79
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Reged: 06/27/07
Posts: 7806
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You paid for the expense, you get the deduction for the expense. Who says you can't deduct it because he fraudulently uses his FSA? The IRS doesn't ask for proof of your medical expenses unless you're audited. So use the receipts as your backup in case you're audited, then show proof of payment that ties your ex to the reimbursement (your EOB's) and you're covered. And that's all if you're audited. What's the likelihood of that? He is the one misusing his FSA card to reimburse for expenses he did not pay.
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momtothreekids
recently joined
Reged: 05/01/12
Posts: 13
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why would I pay for 50% of the insurance premiums? He pays for them and he gets to use that as a deduction. In Michigan the law is the custodial parent with 2 children pays the first $690 and after that the non-custodial parent starts to pay. In our case, my ex pays 65%. I already met that $690 out of pocket expense.
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gr8Dad
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Posts: 30386
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"He pays for them and he gets to use that as a deduction."
Unless he qualifies for the EIC, he cannot claim health care premiums.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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momtothreekids
recently joined
Reged: 05/01/12
Posts: 13
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I am the one paying the bills...not him!!!!!!!! Did you even read the post?
My mother is a tax attorney. You do not have to use the EIC to itemize!
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ssmom79
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Reged: 06/27/07
Posts: 7806
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Wow, what a peach! Good luck with that. Guess you can bring that up when you bring up the day camp.
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annieo
veteran
Reged: 07/07/10
Posts: 1413
Loc: Pacific Northwest
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I would love to be a fly on that courtroom wall when the demanding begins.
You might want to adopt a more positive attitude before you go before the judge because you will look like a vengeful bitter ex. I can only go by your postings here so excuse me if I am judging you incorrectly.
btw - Gr8Dad can be of great assistance if you know how to use honey instead of vinegar when eliciting help on an anonymous discussion board.
As ssmom said Good Luck.
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SRS
Pooh-Bah
Reged: 11/05/10
Posts: 2161
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You do what is right. If he gets caught committing fraud, that is on him.
You are right getting copies of the EOB before paying so you have proof of payment. That is exact advice that everyone here gives NCPs.
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2019
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[quote]"He pays for them and he gets to use that as a deduction."
Unless he qualifies for the EIC, he cannot claim health care premiums. [/quote]
Tax law does not agree with you.
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MinnesotaMom
enthusiast
Reged: 01/05/11
Posts: 201
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"why would I pay for 50% of the insurance premiums?"
Did you not create the children with him? Or, do you count yourself as only 10% of a parent and that's all you should pay?
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Debi
Carpal \'Tunnel
Reged: 06/03/05
Posts: 7139
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Does that seem legit?
If your mother is a tax attorney why would you ask that question here? She should be able to give you more valid advice than some people on a message board.
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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.
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Avaya
Carpal \'Tunnel
Reged: 02/09/06
Posts: 9824
Loc: Arkansas
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[quote]I am mad, because if he continues to do this all year it will prevent me from reaching my 7.5% medical for a tax deduction. I can't deduct any of this if he uses his FSA. [/quote]
Untrue. What he does has zero impact on what YOU can do. If YOU pay the bills and YOU reach the 7.5%, then YOU CAN claim the expenses.
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Eternity is too long to be wrong.
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