My decree states that my ex and I are each required to cover unreimbursed medical for our son. It states nothing of dental, orthodontics, etc. The decree spells out that my ex must cover all medical, dental, vision, orthodontics, glasses. etc. for our two daughters. It is separated because our son is adopted and receives state insurance. Now he needs braces and the state deemed them NOT medically necessary and won't cover them. I am saying that I am not required to cover this expense. I also pay my ex child support AND he receives $10,000 per year as a stipend from the state because our son was adopted as a foster child. That money is tax free and was not used to calculate child support. I think he should use that money to cover this expense. If the decree included dental for our son, then it should have spelled it out like it did for our daughters I think. My portion would be 2300.00. In order to avoid court, I offered to pay 1300.00 and have the rest come from his state stipend. But my ex refused that and is threatening court. Any advice is appreciated.
On the facts as you state them technically, as a matter of contract construction, you are correct. However, I think the court would ask about the nature of your daughters’ orthodontia - medically necessary or cosmetic - and depending on the court and the judge, they would probably find a way to bend over backwards to make sure that you’re not treating your children differently based on biological vs adopted. That’s how t would appear to them.
There could be additional facts not presented but on the facts as presented I really think a court might go either way on this.
I'm with Ms. Osborne on this one. I think there is a very good chance the Court could look at the facts as you've presented them and say that because there was no specific designation in your son's case, as there was in your daughters', that there was the intention that the two of you were to share the costs as unreimbursed medical care. I would try to offer to sweeten the offer you've made and save some money on attorney's fees. It makes very little sense to spend money on an attorney when you could be spending that same money on your child.
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You have a lot of factors in one question. Normally I would recommend rereading your divorce decree but that won't help regarding your son. In that case the key language is "medically necessary" Unless a doctor saya the braces are medically necessary they aren't. That doesn't mean this is over, there could be a change in prognosis later on. This isn't as easy as a yes or no answer.
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