Q&A: Participants: Eligible Expenses
« BackQuestion: Can a non-custodial parent submit FSA expenses for a child?
Answer:
YES, for Medical/Dental/Vision FSA; NO for Dependent Care FSA.
If the employee is divorced or separated, a child of the employee who is not the employee's dependent under Federal income tax law will be nonetheless treated as the employee's child for purposes of the statutory provisions governing health FSAs under a multiple support arrangement.
However, the employee cannot submit child care expenses to a Dependent Care FSA for this child, since these expenses were not incurred so the employee could work.
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Some portions of an answer may reflect the specific administrative practices of our firm, and may not be universally applicable to all flexible benefit plans.
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