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  1. #1
    mlaettner is offline Junior Member
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    Angry Is medical part of child support?

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

    My ex is refusing to pay his half of the kids out of pocket medical even though it says so in the divorce decree. He pays his child support each month on time. Are the other child related expenses part of child support or is it considered a separate thing? The expense is for contact lenses which are needed for the child to see.

    What recourse is there? Is there somewhere I can go for help or does that only apply to the direct child support payment?
  2. #2
    Perky is offline Senior Member
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    If it's worded separately in your order, then it's a separate expense. You can file for contempt if he continues to refuse.
  3. #3
    OhReally? is offline Member
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    Quote Originally Posted by mlaettner View Post
    What is the name of your state (only U.S. law)? GA

    My ex is refusing to pay his half of the kids out of pocket medical even though it says so in the divorce decree. He pays his child support each month on time. Are the other child related expenses part of child support or is it considered a separate thing? The expense is for contact lenses which are needed for the child to see.
    Contact lenses? Are you sure this type of "expense" is covered under medical? That's up there w/expecting him to pay for half of the bottle of Tylenol you bought. He might be right to refuse to pay for this. In addition, does your order state how much you are to cover BEFORE he is to reimburse you (some states have the CP pay for the first $100 or $150 annually per child, for example, before NCP has to start paying his share)
    Last edited by OhReally?; 08-05-2008 at 05:45 AM.
  4. #4
    mlaettner is offline Junior Member
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    The agreement says that we will split all out of pocket medical expenses 50/50. The child chose contacts in lieu of glasses. Either way, there would have been an expense.

    The child was referred by the school to have his eyes checked. The school district considers it neglect if a child's vision is not corrected when it needs to be so.

    How do you file a contempt pro se?
  5. #5
    OhReally? is offline Member
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    Quote Originally Posted by mlaettner View Post
    The agreement says that we will split all out of pocket medical expenses 50/50. The child chose contacts in lieu of glasses. Either way, there would have been an expense.
    So did you bother to whip out your order and actually read it -- or you just going to wait until you hear what you want? Did you bother to consult Dad on this beforehand (if you were supposed to, since this would be on ongoing cost, compared to glasses)?

    The child was referred by the school to have his eyes checked. The school district considers it neglect if a child's vision is not corrected when it needs to be so.
    What the school thinks is irrelevant. That's THEIR policy and has no bearing whatsoever on any court order.

    How do you file a contempt pro se?
    Since you refuse to answer my questions, you're on your own -- unless someone else comes along.

  6. #6
    Perky is offline Senior Member
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    Quote Originally Posted by OhReally? View Post
    What the school thinks is irrelevant. That's THEIR policy and has no bearing whatsoever on any court order.
    What's the point of this statement?

    OP, if this is the first time he has refused to pay, I think you may be a little premature in filing for contempt. However, if you proceed, your local county courthouse has the forms and instructions you'll need. Here's a link to DeKalb and Fulton counties, and a link to the state's site. The county sites have the forms and instructions posted, but you'll want to get your forms from the courthouse in your county (just in case they're different):

    [url]http://www.co.dekalb.ga.us/dekalbflic/contempt.htm[/url]
    [url]http://sca.fultoncourt.org/family/adobe.php[/url]
    [url]http://www.georgiacourts.org/aoc/selfhelp/[/url]
  7. #7
    OhReally? is offline Member
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    Quote Originally Posted by perroloco2 View Post
    What's the point of this statement?
    Are you serious? Good Lord...
  8. #8
    TinkerBelleLuvr is offline Senior Member
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    Quote Originally Posted by OhReally? View Post
    Contact lenses? Are you sure this type of "expense" is covered under medical? That's up there w/expecting him to pay for half of the bottle of Tylenol you bought. He might be right to refuse to pay for this. In addition, does your order state how much you are to cover BEFORE he is to reimburse you (some states have the CP pay for the first $100 or $150 annually per child, for example, before NCP has to start paying his share)
    Contacts/glasses require PRESCRIPTIONS. That would be covered. TYLENOL is over the counter. Some states count it, others don't. We cannot make these statement carte blanche.
  9. #9
    CourtClerk is offline Senior Member
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    Quote Originally Posted by mlaettner View Post
    The child chose contacts in lieu of glasses.
    Contact lenses tend to be a more expensive option than glasses and the NCP should not be held liable if you allow your child to choose the more expensive option of contacts instead of glasses. Yes, he should have to pay 50%, but my argument would be he should have to reimburse you 50% of what it would have costed to get kiddo a pair of glasses.
  10. #10
    OhReally? is offline Member
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    Quote Originally Posted by Ginny J View Post
    Contacts/glasses require PRESCRIPTIONS. That would be covered. TYLENOL is over the counter. Some states count it, others don't. We cannot make these statement carte blanche.
    I did not make a blanket statement. I posed valid questions to the OP that needed answered and she chose to ignore them (gee, what a surprise). Not to mention the ongoing cost, compared to glasses (in addition to CC bringing it up). So forget her.
    Last edited by OhReally?; 08-05-2008 at 10:22 AM.
  11. #11
    stealth2 is offline Senior Member
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    Dad is not going to be forced to pay for a more expensive option of the child's choice. If you chose to let the kid pick contacts vs glasses, you can expect Dad to pay his share of a reasonable pair of frames/lenses, but not designer frills.
  12. #12
    Perky is offline Senior Member
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    Quote Originally Posted by OhReally? View Post
    Are you serious? Good Lord...
    Yes, absolutely serious. Care to explain your thought process?
  13. #13
    OhReally? is offline Member
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    Quote Originally Posted by perroloco2 View Post
    Yes, absolutely serious. Care to explain your thought process?
    For chrissakes, what the school's policy on getting eyes checked or what they consider it if it's not done DOES NOT MEAN A DAMN THING!!! "Neglect" is determined by law, not by 'school policy'. Jesus almighty. And since the OP hasn't returned, who gives a damn at this point? She didn't get the answer she was looking for.
  14. #14
    Ohiogal is offline Senior Member
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    Quote Originally Posted by OhReally? View Post
    For chrissakes, what the school's policy on getting eyes checked or what they consider it if it's not done DOES NOT MEAN A DAMN THING!!! "Neglect" is determined by law, not by 'school policy'. Jesus almighty. And since the OP hasn't returned, who gives a damn at this point? She didn't get the answer she was looking for.
    OhReally dear, would you like a drink? A valium? Stress relieving massage? Breathe man.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  15. #15
    OhReally? is offline Member
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    Quote Originally Posted by Ohiogal View Post
    OhReally dear, would you like a drink? A valium? Stress relieving massage? Breathe man.
    oooh...a buffet of offerings LOL

    To take a quote from 'Airplane': It looks like I picked the wrong week to _________"

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