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Dependents (or spouses) with Non-HDHP Coverage


Guest jgarber

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Guest jgarber

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?

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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

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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.

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