Guest jgarber Posted January 23, 2007 Share Posted January 23, 2007 In a divorce situation, the non-custodial parent is required to provide health insurance for the children. For whatever reason, the custodial parent also elects family coverage and to have the kids on her plan. Therefore, the kids have primary insurance (non-HDHP) and secondary insurance (HDHP). I am understanding that the non-custodial parent with the family coverage in a HDHP can still make contributions to HSA when the kids are also covered on the custodial parent's non-HDHP at the family limit ($5,650 for 2007). Is my understanding correct? Link to comment Share on other sites More sharing options...
namealreadyinuse Posted January 23, 2007 Share Posted January 23, 2007 If the family HDHP deductible applies, they get the family HSA. That is the way I remember the rule. Link to comment Share on other sites More sharing options...
JanetM Posted January 23, 2007 Share Posted January 23, 2007 Hold on, if the divorce decree (or some other court document) says the non custodial parent will be primary and the custodial partent secondary, then the Insurance company of custodial parent will insist that the requirement of non custodial parent to be primary makes them secondary payer. The non custodial parent would be able to fund the HSA to help with HSHP. JanetM CPA, MBA Link to comment Share on other sites More sharing options...
leevena Posted January 23, 2007 Share Posted January 23, 2007 It sounds as if there are two issues being discussed in the replys. The question being asked by JGARBER is if the non-custodial parent, who has an HSA family contract, can fund the HSA account up to the family amount. NAMEALREADYINUSE is correct. If the insured has a family contract, then they can contribute up to the family amount. The question/issue raised by JANETM is another one altogether. She is stating which plan is primary and which is secondary. Link to comment Share on other sites More sharing options...
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