Are braces included in the divorce decree? 7 Answers as of August 01, 2013

My husband's ex-wife recently got braces for 2 of their kids and has been forking over the bills for him to reimburse. However, I noticed in their divorce decree that it says, "the Defendant (him) shall be responsible for reimbursing the Plaintiff (her) for all out-of-pocket medical and/or dental expenses within thirty (30) days...." Does that include orthodontia? He pays child support and carries medical, dental and vision insurance on all (6) of their kids. According to the decree she has to pay nothing, not even half (yeah, he got screwed big time). So, if she's ripping us off, I'd like to know if we can put a stop to it this time?

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Rockhill Pinnick LLP | Jay Rigdon
If the children need braces, how could paying for the braces be a "ripoff"? You certainly can petition the court to modify the provisions regarding uninsured medical expenses, but you should have an attorney talk to your husband before doing that.
Answer Applies to: Indiana
Replied: 8/1/2013
Peggy M. Raddatz
Peggy M. Raddatz | Peggy M. Raddatz
Yes orthodontia is included. If he was ordered to pay 100% it was because he earned so much more than she did.
Answer Applies to: Illinois
Replied: 7/31/2013
The Law Offices of Tres A. Porter | Tres A. Porter
Your husband should consult with an experienced family law attorney immediately. It would not at all be unusual in a divorce decree for language like that to be in place for prior, bills, or even potentially the ex's medical bills, (for a certain period of time). However a blanket order that the father is solely responsible for all unreimbursed medical costs for the children would be fairly unusual.
Answer Applies to: California
Replied: 7/31/2013
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
If the court order does not specifically list orthodontia, there still is a good chance on returning to court that the judge would issue an order for this dental care to be included as a legitimate expense.
Answer Applies to: California
Replied: 7/31/2013
John Russo | John Russo
Pretty straight forward, he has to pay. The problem I have with this is that the standard language for uninsured, unreimbursed medical/dental etc., is that the parties shall divide all on a 50/50 bases I have been doing this a long time and have never seen an order that made one spouse responsible for 100% of those cost just does not happen, well at least in my cases, or anyone else I know. He either had a terrible lawyer or did it himself, which only goes to show that old saying is true, pay me now or pay me later.
Answer Applies to: Rhode Island
Replied: 7/31/2013
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    Sometimes when limiting criteria are omitted from the judgment, problems arise. You may need to try to negotiate this point. By law, in New Jersey, the parent of primary residence must pay for the first $250 or unreimbursed medical expenses. Usually, the judgment says that father is not responsible for non-emergent medical bills. This means that if the kid breaks his leg, Dad pays his part. If the child wants braces or wants a nose job, Dad can say that he will not pay.
    Answer Applies to: New Jersey
    Replied: 7/31/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    He may need to go back to court on the support issues.
    Answer Applies to: Michigan
    Replied: 7/31/2013
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