My daughter's stepmother entered into a contract for braces which had been deemed not medically necessary by the Arkansas Medicaid Program. Neither of the biological parents are on the contract. She tried to sue me in district court for breach of contract but the judge said the case was out of her jurisdiction and should be in family court. The biological father then sued me in family court for half of the same bill. Can a judge make a ruling based upon (as he said) his opinion that they are medically necessary when there is evidence of the opposite? I have been harassed by these people through the courts for years. They continually file motions against me and then withdraw them just before the court date so I don't know. I am disabled and can't mentally handle anymore! I NEED LEGAL HELP !!
Family Law Attorney
Here are a few things to consider:
1. Did you enter, or were you able to introduce evidence at court that the braces were not medically necessary? Judges have to make their decisions based on evidence, and an appeal of a judges decision will only take into account what is in the court record. If something isn't introduced as evidence, it isn't in the courts record.
2. For what it may cost you to fight this decision in hiring a lawyer/appealing, you may be able to take care of the medical obligation. If you do want to fight this, you should contact a local attorney ASAP especially if the judge has ruled and you seek a rehearing, reconsideration, or appeal.
3. If you are worried about this becoming an ongoing issue, you can ask for an injunction to prevent them from getting non-emergency medical/dental treatment that has not been deemed medically necessary until they come to court first (going forward into the future).
4. I have a link below from the Office of Child Support regarding Medical Support FAQs. With a court order they will collect an uninsured medical debt.
Every legal matter is fact specific, and there are often nuances in every case. This is intended for comment only, and does not create an attorney client relationship.
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