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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #11 (permalink)  
Old 07-08-2017, 11:28 AM
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Hello all!

I haven't been on the board for some time but check in once in a while. Here's an update to above and maybe you can weigh in on what (if anything) I can do about the latest antics.

stbx lost his job in December 2015 (it's was a part-time position and I suspect he was tired of working there while also self-employed). He never did give me any further confirmation that the benefits plan had been cancelled or why - I only gathered this from what the boys had told me.

So he set up a new private health savings plan for himself, his girlfriend (moved in a few months before), her child, and our boys as of May 2016. I was never informed. This was only discovered when the forensic accountant questioned the monthly payments found in his corporate books in May 2017. (it took nearly a year and two motions to get disclosure - and he still never fully completed the requirements)

So we had a TMC in early June and settled. (the trial was regarding his income determination). He agreed to provide the health coverage information as part of the settlement within one week.

I never received anything. So I emailed him early this week and asked for the information so that I could get the boys to their dentist before the end of summer. Eldest hasn't been to the dentist in over a year - and the youngest is overdue for a check up too.

So I received back a screenshot in photoshop that was the list of names of dependents - but all was blurred out and completely illegible. He also sent a travel benefits card. Nothing else. He refused to sent the booklet - so I don't even know what coverage they have. And said to give him the receipts once I pay and he'll send it on the provider. He also did this during our first year of separation but kept the money. Said he paid for the benefits so the money was his.

What can I do? Anyone else had to deal with this? We've had 6 months of intense lawyer fees dealing with two motions that he adjourned over and over again. Finally get to court and I win both motions - just awaiting decision on costs. So I'm fed up - thought this was all done with.

Advice appreciated.
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Old 07-08-2017, 12:41 PM
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Ugh, I feel your pain. Was the disclosure of Health Care benefits put into an Endorsement? I think you can move for a contempt of court. If it wasn't you could put in a motion that he disclose the Health Care coverage. Do you still have a lawyer? What does your lawyer say?

On another note. You mentioned a forensic accountant. Could you tell me how you got one and how much it costs?
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Old 07-08-2017, 01:43 PM
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Yes it was in the endorsement. The two lawyers submitted the draft order and we're waiting on it coming back from court.

The forensic accountant was pricey but needed. Stbx was adamant his income was half than it actually was so the expert report was needed to prep for trial - it also pressured him into getting his own expert who ultimately agreed with mine. Call around for quotes - mine quoted $5,000 - $10,000 and then trial at $5,000 per day. I paid the higher of the range because of the time it took to get the disclosure.
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Old 07-08-2017, 02:45 PM
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ouch. Thank you
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Old 07-08-2017, 03:37 PM
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Quote:
Originally Posted by momof2teenboys View Post
Hello all!

I haven't been on the board for some time but check in once in a while. Here's an update to above and maybe you can weigh in on what (if anything) I can do about the latest antics.

stbx lost his job in December 2015 (it's was a part-time position and I suspect he was tired of working there while also self-employed). He never did give me any further confirmation that the benefits plan had been cancelled or why - I only gathered this from what the boys had told me.

So he set up a new private health savings plan for himself, his girlfriend (moved in a few months before), her child, and our boys as of May 2016. I was never informed. This was only discovered when the forensic accountant questioned the monthly payments found in his corporate books in May 2017. (it took nearly a year and two motions to get disclosure - and he still never fully completed the requirements)

So we had a TMC in early June and settled. (the trial was regarding his income determination). He agreed to provide the health coverage information as part of the settlement within one week.

I never received anything. So I emailed him early this week and asked for the information so that I could get the boys to their dentist before the end of summer. Eldest hasn't been to the dentist in over a year - and the youngest is overdue for a check up too.

So I received back a screenshot in photoshop that was the list of names of dependents - but all was blurred out and completely illegible. He also sent a travel benefits card. Nothing else. He refused to sent the booklet - so I don't even know what coverage they have. And said to give him the receipts once I pay and he'll send it on the provider. He also did this during our first year of separation but kept the money. Said he paid for the benefits so the money was his.

What can I do? Anyone else had to deal with this? We've had 6 months of intense lawyer fees dealing with two motions that he adjourned over and over again. Finally get to court and I win both motions - just awaiting decision on costs. So I'm fed up - thought this was all done with.

Advice appreciated.


Request the benefit account numbers, or a picture of his benefits card. That is all you will really need. You don't need a hard copy of anything. My husband just sent his ex a picture of his benefit card and she has been able to submit all dental or medical claims directly through the dentist or pharmacy. He never provided her a booklet, not that she asked but the first time you submit you will know basically the percentage covered.

Do you have benefits? If you do the reality is little will be submitted to his benefits anyways because yours will cover the majority. Most plans have an annual max of $1500 plus, I bet the dentist could find out once you have the account info. I wouldn't trust him to submit and pay you back so best you just get the numbers.


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Old 07-08-2017, 03:59 PM
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He refuses to provide the account numbers - says that is not information that I need because I should just pay and send him the receipts and that he'll only submit when I've paid it first - I've asked for the booklet just so I know what the coverage is. I do have other receipts for the past year that I will submit once my lawyer gives her advice. And I definitely don't trust him to ever pay me back - it's over $2,000 mainly from therapy sessions for the boys and the last dentist appointment.

No I don't have benefits. Now I know that his is a health SAVINGS plan rather than the usual type of benefit coverage I would assume it covers 100% but I don't know anything either way without the booklet.
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Old 07-27-2017, 12:02 AM
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Any out-of-pocket medical expenses you have incurred for yourself and/or the kids should be reimbursed to you. Your lawyer needs to get the kids at least back on his coverage.

My benefit provider will keep an ex-spouse on benefits if court ordered, but if a new spouse comes into play, the employee who is covered needs to pick one spouse to be covered. Can't have both.
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Old 07-27-2017, 12:05 PM
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Is it a requirement to put a spouse on the benefits? What about a new job you start after you separate, you would have to put that spouse on the benefits?
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Old 07-27-2017, 09:38 PM
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Quote:
Originally Posted by denbigh View Post
Is it a requirement to put a spouse on the benefits? What about a new job you start after you separate, you would have to put that spouse on the benefits?
Why would you not put your spouse on your benefits??

If you meant ex-spouse, I figure, get them off your benefits as soon as divorce is done or you have a new spouse. I would never put an ex-spouse on a new plan at a new job.

However, some court orders dictate otherwise.
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