My husband went to court 4 years ago for CS and Shared parenting. At the time his ex-wife didn't even want him to carry insurance on his daughter. (something to do with her insurance not allowing it) The court order states that he is to have insurance on his daughter. He has always had coverage for her both medical and vision and dental. He pays the daughter and extra 100 dollars a month because she was in private school and his ex said he either had to help pay for that or he need to help pay for the child care that she would be placed in after school because there was no family near their home. The court agreed and he paid without arguement. She is twelve now and nolonger goes to the private school, at the public school she attends there are free after school programs that she attends 4 days a week now. His ex wife wrote him an email this morning stating that her orthodontist doesn't take our insurance so she would send us the fee schedule. He told her that he would not pay for braces for 2 reason. 1. he is already paying the extra money for private school that she no longer goes to (she is in public school) and she is not in daycare. 2. The order does not specify that he pay any medical bills - and he hasn't in 4 years so why start now. He told her that her other option is to see our dentist have them refer her to a Ortho that takes our insurance and because she has a very good insurance, that ortho would most likely take hers. She seems to think that is completely unacceptable. Is he within his rights?
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If his cs order doesn't state that he must pay medical bills not covered by insurance, than he doesn't have to. It's what is in the order that counts. Typically it will state that one parent cover the child with insurance (usually the non-custodial) and then both the parents split uncovered costs in half. Sometimes it works differently. Double check the court order to make sure there is nothing about him paying uncovered medical expenses. Usually it's the father that gets the short end of the stick, so if there is nothing in the court order about medical expenses, than that is what the court intended and what they deemed equitable. It seems like all children *need* braces today. Every kid in my son's private high school class has had braces except maybe 3 -- that's out of 100+ kids. So even if a child doesn't absolutely need them, if an orthodontist says that they do, the court will take their word. The braces will improve slight issues like bite, even for one tooth, that may cause later problems, that one tooth can become loose when they're an adult because it doesn't mesh properly, so therefore braces are a *need*. Anything medical/dental is hard for the court to deny. If the ex takes your dh to court, it he may be ordered to pay for the braces, or pay half. It depends on so many details, like if she's been paying uncovered medical costs and co-pays herself, income differences, original court order, the child's expenses, etc. However, if you have insurance that will cover orthodontics, the judge may believe it's unreasonable that the mom choose a orthodontist that is not covered by insurance. Are you sure that orthodontics is covered? I only ask because many policies do not cover it. Also, how much does it cover? Usually it's something like $1000 or $2000 up to half (meaning the actual expense must be double to reach the maximum payout, easy with braces). But I've heard of some that pay out only a few hundred dollars, so a judge might not think that's worth a fight. Of course it's about control. It's really sad. Your dh should go by the court order. Now she may drag him back to court, and there is the possibility that she could request more child support, etc. It would depend on your state's laws and guidelines and when they were last in court, if the financial situation of either parent has changed substantially, etc. If the ex is denying court ordered visitation, then she may not want to take your dh into court, as that wouldn't be good for her. Does he request his visitation each time? Are there excuses like she has a school thing or is sick? He should document it in writing, set up the situation in writing, like what time and where he'll pick her up and then see if she denies it. He should also mention to an attorney (he should consult an attorney on this) about the ex's threats of abusing her job position with CPS. Good luck!
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