Q: Child support medical/child care reimbursement: can FSA for medical and childcare be utilized by non custodial parent?

A: Under California law, child support orders may include provisions for medical and child care expenses. The specific terms of the child support order, including the requirement for receipts or proof of payment, will dictate whether expenses paid through a Flexible Spending Account (FSA) will be considered for reimbursement to the non-custodial parent.

In general, child care expenses paid through an FSA may be eligible for reimbursement to the non-custodial parent, provided that the expenses meet the requirements of the child support order and are properly documented. Medical expenses paid through an FSA may also be eligible for reimbursement, but the non-custodial parent may need to provide additional documentation to demonstrate that the expenses were not already reimbursed through insurance or other means.

It is important to note that FSA accounts are typically funded through pre-tax dollars, and as such, there may be limitations on how they can be used for child support purposes. In addition, FSA accounts are typically held in the name of the employee, not the non-custodial parent, so it may be necessary to provide additional documentation to demonstrate that the expenses were paid by the non-custodial parent.

Overall, the specific terms of the child support order will dictate how FSA expenses can be used for reimbursement, and it may be necessary to consult with an attorney or other legal professional for guidance on how to properly document and submit FSA expenses for reimbursement.