Can an HSA pay for a non-dependent child?

[cbwest35]

I have a child that lives with me the majority of the time, but her mother gets to claim her as a dependent for tax purposes. Would I be able to use my HSA for her medical/dental bills? She is a minor child.

[Mike9241]

yes you can from iRS PUB 969

qualified medical expenses

a child of parents that are divorced, separated, or living apart for the last 6 months of the calendar year is treated as the dependent of both parents whether or not the custodial parent releases the claim to the child’s exemption.

[SweetieJean]

Are you the child's other parent?

[cbwest35]

Thank you. She is on my insurance (HDHP) and I have been divorced from her mother since 2013. Thanks for clarifying. I was assuming I could not use the HSA since I couldn’t claim her on my taxes. 

[cbwest35]

Yes, I am her father. I have her for the majority of the year. The divorce decree gives her mother the ability to claim her.