Is he required to pay?

[pianogirl329]

What is the name of your state (only U.S. law)? PA

My 14 year old daughter has significant legal fees that were acquired to dispute criminal charges filed against her by one of her former teachers. My daughter has Asperger's, and the entire case is related to her medical condition. There is also documentation stating this fact.

Her father and I (going through a divorce) agreed to split the fees. He paid half of the original retainer, but has refused to pay anything since. he has participated in all court procedings, 3-way conference calls with the attorney, and has even had private emails and phone conversations with the attorney. The bill is quite high, and I cannot afford to pay it alone. It is mailed to me because we have different addresses. The attorney did not put his name on the account originally.

Is he required to pay this as part of child support obligations, especially since it is directly related to her medical condition? All fees for unreimbursed medical are split.

 

[Antigone*]

What is the name of your state (only U.S. law)? PA

My 14 year old daughter has significant legal fees that were acquired to dispute criminal charges filed against her by one of her former teachers. My daughter has Asperger's, and the entire case is related to her medical condition. There is also documentation stating this fact.

Her father and I (going through a divorce) agreed to split the fees. He paid half of the original retainer, but has refused to pay anything since. he has participated in all court procedings, 3-way conference calls with the attorney, and has even had private emails and phone conversations with the attorney. The bill is quite high, and I cannot afford to pay it alone. It is mailed to me because we have different addresses. The attorney did not put his name on the account originally.

Is he required to pay this as part of child support obligations, especially since it is directly related to her medical condition? All fees for unreimbursed medical are split.

Really this is part of the child support obligation? Does it say that specifically in the order. Please post the wording of the order minus the names.

 

[pianogirl329]

The child support order says nothing about legal fees. It only says I'm responsible for the first $250 of medical expenses and after that, 50-50 split. I sent this same question to the domestic relations department, but they wouldn't answer me other than to say have my attorney look at it.

 

[Machinist]

My 14 year old daughter has significant legal fees that were acquired to dispute criminal charges filed against her by one of her former teachers.

Is he required to pay this as part of child support obligations, especially since it is directly related to her medical condition? All fees for unreimbursed medical are split.

Yeah right. The medical condition didn't get representation. Your daughter did. As alluded above, really? You surely would not file a claim with the health insurance company that this is a covered occurrence would you?

Easier to argue you guys had an agreement/oral contract and sue in small claims court for the difference and show he partially performed by paying half the retainer.

Note child support is presumed to cover the necessities and bring advantages to the child commensurate with the parent's station in life. If you want to deviate from the guidelines, the statute the court must follow does NOT include legal expenses of a minor (See: Pennsylvania Rules of Civil Procedure Rule 1910.16). Medical expenses not covered by insurance are in the statute, but not this.