• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

"Necessary" medical expenses?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

btfdad

Junior Member
What is the name of your state?Oklahoma
My ex re-married and moved to Texas with my daughter. I have visitation summers and spring breaks, and alternating Christmas & Thanksgiving. Right after X-mas break, I was informed that my daughter would be getting braces, because "I never got to have braces and I don't want her to go through that." I don't see a physiacl problem with my daughter's smile, so I told the ex that I would like to get a second opinion during spring break to see if it was medically necessary. Well, it's not spring break yet and the braces are on! Do I have to pay my 74% of the expense if it was only cosmetic? I don't want to short-change my daughter, but I don't see why I should pay for a procedure that was more for my ex's benefit. Thanks for any advice.
 


topsidder

Member
Simple question simple answer.

Ortho. and medial are TWO DIFFERENT SUBJECTS. If the decree states "blah blah blah of all necessary medial expenses ........" with no provision for ortho work, you are not responsible.

ORTHO AND MEDICAL ARE TWO DIFFERENT ANIMALS!
 

nextwife

Senior Member
btfdad said:
I was informed that my daughter would be getting braces, because "I never got to have braces and I don't want her to go through that." I don't see a physiacl problem with my daughter's smile, so I told the ex that I would like to get a second opinion during spring break to see if it was medically necessary.
I think he means that ex felt DEPRIVED about not getting braces and seems to be pushing braces, needed or not, because she WANTS her daughter to get to have them. Poster wanted evidence it was necessary FIRST. Second opinions are always a good idea for orthodontia. All the couples I know found huge variations in both opinion and cost by seeking additional opinions.
 

btfdad

Junior Member
Topsidder, decree states "any and all medical expenses not covered by insurance."
Nextwife, that, and the way it was presented leads me to think the ex is trying to up her cool factor in the daughter's eyes. Could just be me being paranoid that my daughter may actually like her mom at some point. I really hoped that would never happen. Do I sound bitter? j/k
 

topsidder

Member
a "medical expense" is not the same animal as an "ortho expence"

Period.

If your decree reads "necessary medical expenses" and an ortho (not dentist, but ortho) bill is presented, you are not obligated, under the above mentioned DD phrase, to assume any portion of the expense.
 

mrsbrown

Member
I am not sure that it differs. I just emailed our case manager this morning about the same issue and she said that here in Alabama medical covers everything. Eye doctors, dentist, ortho and medical. She said it can differ from state to state. My husbands divore decree simply states that she is to pay her portion of all medical bills. Just thought I would mention that they said that was enough. Might not be everywhere though.
 

btfdad

Junior Member
Thanks topsidder & mrsbrown, I think I'll call one of those free (or really cheap) lawyer services & see if they can tell me for sure for Oklahoma. I wonder if it matters that now her state of residence is Texas?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top