Medical Bills

[Mom101365]

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

I am the custodial parent, with the father being responsible for 50% uncovered medical.

Younger son needed to go to an orthodontist. The father requested (and I went along with) a 2nd opinion which was about $500 cheaper than the first. I went with first orthodontist because he was local to the child other dentist was a 45 minute drive each way. The child was in primary school at the time, which would have meant more absence from classes, as well as a much longer drive to an from the appointments. The father said that he would transport the child to all of the appointments (but has never proven reliable). Does the fact that we got a second opinion that was less allow the father to pay $500 less because I chose the more expensive orthodontist?

[mistoffolees]

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

I am the custodial parent, with the father being responsible for 50% uncovered medical.

Younger son needed to go to an orthodontist. The father requested (and I went along with) a 2nd opinion which was about $500 cheaper than the first. I went with first orthodontist because he was local to the child other dentist was a 45 minute drive each way. The child was in primary school at the time, which would have meant more absence from classes, as well as a much longer drive to an from the appointments. The father said that he would transport the child to all of the appointments (but has never proven reliable). Does the fact that we got a second opinion that was less allow the father to pay $500 less because I chose the more expensive orthodontist?

Let's start with all the standard questions:

- What is your custodial situation You say you are the custodial parent. Does that mean legal or physical custody? Tell us what the order says about custody. Word for word, but without the names.

- What does the order say about medical expenses?

[LdiJ]

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

I am the custodial parent, with the father being responsible for 50% uncovered medical.

Younger son needed to go to an orthodontist. The father requested (and I went along with) a 2nd opinion which was about $500 cheaper than the first. I went with first orthodontist because he was local to the child other dentist was a 45 minute drive each way. The child was in primary school at the time, which would have meant more absence from classes, as well as a much longer drive to an from the appointments. The father said that he would transport the child to all of the appointments (but has never proven reliable). Does the fact that we got a second opinion that was less allow the father to pay $500 less because I chose the more expensive orthodontist?

You need to answer Misto's questions...but dad's half of 500.00 is 250.00, therefore IF he gets to pay less, its 250.00 less, not 500.00.

[Ohiogal]

You need to answer Misto's questions...but dad's half of 500.00 is 250.00, therefore IF he gets to pay less, its 250.00 less, not 500.00.

Actually no. Mom would be responsible for the entire $500 more that the more expensive orthodontist is. So he would be paying $500 less than mother was paying. So start with her paying that $500 and then divide the remainder (the cost of the less expensive orthodontist).

[mistoffolees]

Actually no. Mom would be responsible for the entire $500 more that the more expensive orthodontist is. So he would be paying $500 less than mother was paying. So start with her paying that $500 and then divide the remainder (the cost of the less expensive orthodontist).

That's not necessarily true. if there is a good reason for choosing the more expensive orthodontist and OP could convince the judge of that, it could be considered a justifiable expense.

For example, if the more expensive one is a board certified, experience doctor with years of experience and no complaints while the cheaper person is just out of school but already has dozens of complaints and/or lawsuits, a judge might well allow OP to choose the more expensive provider and force ex to pay 1/2.

Now, "it's more convenient" probably isn't sufficient justification, but your statement that Mom would be available for the cost difference under all circumstances isn't right, either.

[ecmst12]

Kiddo having to miss class every week for the appointments and mom possibly being stuck with the driving if dad flaked out might be good reasons though. I mean, an hour and a half round trip would have to cost more in gas over the course of treatment then the amount to be saved.

[mistoffolees]

Kiddo having to miss class every week for the appointments and mom possibly being stuck with the driving if dad flaked out might be good reasons though. I mean, an hour and a half round trip would have to cost more in gas over the course of treatment then the amount to be saved.

Missing school might be a justifiable reason.

Arguing that mom would save money on gas would be an argument for Mom paying all of the cost difference, rather ann an argument for Dad to pay 1/2.

[Ohiogal]

That's not necessarily true. if there is a good reason for choosing the more expensive orthodontist and OP could convince the judge of that, it could be considered a justifiable expense.

For example, if the more expensive one is a board certified, experience doctor with years of experience and no complaints while the cheaper person is just out of school but already has dozens of complaints and/or lawsuits, a judge might well allow OP to choose the more expensive provider and force ex to pay 1/2.

Now, "it's more convenient" probably isn't sufficient justification, but your statement that Mom would be available for the cost difference under all circumstances isn't right, either.

I was responding only to LD's contention that it was $250 less and not $500 less for dad. I was not stating that mom was guaranteed to have to pay $500 differential under any and all circumstances.

[mistoffolees]

I was responding only to LD's contention that it was $250 less and not $500 less for dad. I was not stating that mom was guaranteed to have to pay $500 differential under any and all circumstances.

No?

Actually no. Mom would be responsible for the entire $500 more that the more expensive orthodontist is. So he would be paying $500 less than mother was paying. So start with her paying that $500 and then divide the remainder (the cost of the less expensive orthodontist).

Sure sounds like you're saying that Mom would have to pay the full difference.

[Ohiogal]

No?


Sure sounds like you're saying that Mom would have to pay the full difference.

If mom is made responsible for the full difference that would be a difference of $500 and NOT $250. Hence she would be paying $500 MORE than dad and NOT $250 more than dad IF she were ordered to pay the full difference.

There. Clear as mud.