Terrasan

After some more research I found some reliable information about this. It appears that it is fine that I reimburse her through my HSA as long as I have all the supporting documentation (statements, insurance EOB's, payment receipt from ex). She would be committing tax fraud if she is using the FSA to pay and then reimbursed by me but frankly that is none of my concern. I am doing what I am supposed to do. What she risks doing is her business. One bit of advice that I did read that might make sense is to pay the medical facility the amount that I owe and if it creates a credit then let them reimburse my ex the amount. That way for my records it shows that I paid the correct amount to a medical facility vs. my ex. Seems like a complicated way to go about it but I want to limit my exposure to her illegal behavior.

It is complicated and that is why I appreciate the help. Here is the way that I see it. I would be able to use my HSA for my child even though he/she is not a tax dependent. HSA's specifically address the issue of children of divorce and that my child qualifies as if her mother and I were not divorced. I keep all the records of the child's medical expenses just in case I am questioned by the IRS. The double dipping would be happening by my ex. The FSA is in my ex's husbands name and provided by his employer. My ex does not work. That does bring up an interesting point, I don't know about the issue of whether our child is technically a dependent of his. They do claim the child on their taxes and file as married. This is important to work out now because I don't want to get into any trouble with the IRS because of something my ex is doing and we seem to be having more and more medical expenses come up for the child. edit: Yes to answer your question Leevena, I am reimbursing my ex with my HSA after she provides me with the bill after insurance is applied and shows me her payment receipt. I have noticed in the past that some of the payment receipts say, "FSA" on them and that is how I know she is using her husbands FSA to pay.

I searched the boards and could not find any information on my question so I hope someone can help me find the answer. I have joint custody with my ex-wife of our 13yr old child. She pays for the childs' medical expenses with her husbands FSA and under my support order, I am required to reimburse her 65%. I reimburse her with my HSA account. My question is about legality and making sure this is a qualifying expense for my HSA. She is using money that is tax free, getting reimbursed cash (by me) and not having to claim it as income because it is considered "support". This seems like a sketchy way of using an FSA to cheat the IRS. Would love an explanation here as to the legality of what she is doing. She insists on paying and having me reimburse her because the bill is in her name and says she wants to insure timely payments. She sends me the medical bills and payment receipts which I keep for my HSA records but since I am paying her and not the medical facility, is it still a qualifying expense under my HSA? Thanks for any and all help!