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Am I obligated to pay for braces?

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SF439

Member
Your kid needs braces and you are wondering if the court order requires you to do so because you feels it's cosmetic? You can afford an attorney to file a motion to hold her in contempt but you cant afford for your child to get braces?
 


sorry, why is it if a woman has plastic surgery after a bad marriage and having kids, its wrong? i know your story is about more than that, but give me a break, as long as the kids have clothes, food and love and healthly, who cares if she has plastic surgery. men go out and get a new woman or a new car and no one says that is wrong.
 

Ohiogal

Queen Bee
sorry, why is it if a woman has plastic surgery after a bad marriage and having kids, its wrong? i know your story is about more than that, but give me a break, as long as the kids have clothes, food and love and healthly, who cares if she has plastic surgery. men go out and get a new woman or a new car and no one says that is wrong.
While I understand your point the last sentence I would disagree with. Some people do disagree with it -- usually moms who don't feel they are getting enough CS.
 

penelope10

Senior Member
So what's the real issue here? I would think if it was Mom's refusal to allow visitation that would have been the central topic in the opening of this thread, which it was not. Your original question was about paying for braces...

I have a pretty standard decree issued in the state of Texas. Under Health Care the decree points out that medical support is ADDITIONAL SUPPORT seperate from CS ordered to be
paid for the benefit of the child. Ex and I are to pay 1/2 of medical bills. Look over your decree carefully---mine has pretty standard wording that includes medical, surgical, prescription drug, mental health-care services, dental, eye-care, ophthalmological, and ORTHODONTIC charges for as long as child support is payable under the decree. An orthodontist is a dentist and therefore should be paid (I would think) even if it's not spelled out in the decree.

So you could modify custody, have CS lowered, change who pays for Health insurance etc. What would not change is that as a parent you have an obligation to pay some percentage of health costs not covered by insurance be it a copay or otherwise. (Or paying 0 percent if the ex chooses to go to a provider outside of the insurance plan and you BOTH do not agree to this after proper notification unless it is an emergency)In other words, if your ex chooses to use an orthodontist outside the plan and you refuse this then she might have to pay 100% unless it was emergency care. Your decree should also address payment of uninsured expenses:

"Reasonableness of Charges "It is ordered that reasonableness of the charges for heath-care shall be presumed on presentation of the bill to a party and that disallowance of the bill by a health insurer shall not excuse that party's obligation to make payment or reimbursement as otherwise provided herein.'"

Therefore any argument that your ex should pay 100% of orthodontic care out of CS in MY opinion would not hold much weight. Orthodontic care these days is considered pretty standard dental care unlike when I was a kid.

Seniors please feel free to correct me if I'm wrong.
 

vvaagg

Junior Member
I appreciate the feedback but this is bigger than you can imagine. Bottom line for me is I do pay child support and sleep with a clear conscious at night. You obviously missed that I did in fact give her $9000 in back child support which she claimed would be used for braces last year. When in fact she took the money and purchased new breasts. Now here we are a year later and she is asking that I pay for the braces. Which I have confirmed through this forum I will need to do, that's fine. My issue is my current financial struggle while she rides the gravy train. The woman has no job and can not keep a job longer than 2 weeks!! Yes, I will pursue returning to court because if I don't I'm the idiot who let her get away with it.
 

Just Blue

Senior Member
I appreciate the feedback but this is bigger than you can imagine. Bottom line for me is I do pay child support and sleep with a clear conscious at night. You obviously missed that I did in fact give her $9000 in back child support which she claimed would be used for braces last year. When in fact she took the money and purchased new breasts. Now here we are a year later and she is asking that I pay for the braces. Which I have confirmed through this forum I will need to do, that's fine. My issue is my current financial struggle while she rides the gravy train. The woman has no job and can not keep a job longer than 2 weeks!! Yes, I will pursue returning to court because if I don't I'm the idiot who let her get away with it.
You don't get it. You were ordered to pay the 9k because you were NOT PAYING YOUR COURT ORDERED SUPPORT. The braces are separate. You are legally obligated per your court order to pay for them. It is a separate thing. Her boob job is none of your business. None. She was OWED the 9k and during the time you decided your daughter didn't need to eat, your ex was solely supporting her. Perhaps you should not be having children that you can't support. Stop procreating.
 
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Ohiogal

Queen Bee
You don't get it. You were ordered to pay the 9k because you were NOT PAYING YOUR COURT ORDERED SUPPORT. The braces are separate. You are legally obligated per your court order to pay for them. It is a separate thing. Her boob job is none of your business. None. She was OWED the 9k and during the time you decided your daughter didn't need to eat your ex was solely supporting her. Perhaps you should not be having children that you can't support. Stop procreating.
PLEASE, dear bay, please use commas.
 
Oh OP, it is so sad that no one understands where you are coming from. Of course mom should have had her breasts augmented but rather should have put the child first and got her braces. The fact that the courts allow such selfishness is ridiculous and painful. I really think you have a right to be frustrated but the problem is you have been the actual legal truth. Why the courts are so mean I don't know> But you have my sympathy.
 
Oh OP, it is so sad that no one understands where you are coming from. Of course mom should have had her breasts augmented but rather should have put the child first and got her braces. The fact that the courts allow such selfishness is ridiculous and painful. I really think you have a right to be frustrated but the problem is you have been the actual legal truth. Why the courts are so mean I don't know> But you have my sympathy.

Are you for real?
 

proud_parent

Senior Member
Are you for real?
Seconded. Her (?) posts read like someone's attempt at satire, but without the wit.

As for ex's breast augmentation, I too will quote Mansfield (Jayne, not Katherine) and say, "A 41-inch bust and a lot of perseverance will get you more than a cup of coffee - a lot more." :p
 

MrsK

Senior Member
I appreciate the feedback but this is bigger than you can imagine. Bottom line for me is I do pay child support and sleep with a clear conscious at night. You obviously missed that I did in fact give her $9000 in back child support which she claimed would be used for braces last year. When in fact she took the money and purchased new breasts. Now here we are a year later and she is asking that I pay for the braces. Which I have confirmed through this forum I will need to do, that's fine. My issue is my current financial struggle while she rides the gravy train. The woman has no job and can not keep a job longer than 2 weeks!! Yes, I will pursue returning to court because if I don't I'm the idiot who let her get away with it.
Why dont you check with a lawyer to find out if you have to pay for the braces if they are not neccessary (aka cosmetic only)? I know your order says "orthodontia" but I believe in some states the wording is something like "reasonable & neccessary" and wanting braces that you cant afford purely for cosmetic reasons isnt neccessary. So you might check on that.
 
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