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uninsured health costs include orthodontics?

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mama.m

Junior Member
What is the name of your state (only U.S. law)? Indiana
I do not feel that orthodontics are a health matter for my child. I think they are cosmetic. My child is only 12. Her jaw and teeth were not causing her any pain, killing any other teeth, nor was she getting made fun of at school to affect her self esteem. I expressed this to the CP (custodial parent) last October when it said I'm getting D braces. Originally I said ok, I don't think she needs them and I think she's too young, but I will try to get ortho insurance from work. But I only have a month of open season to sign up for ortho insurance so please get me 3 quotes and opinions before I get insurance. If it's only going to take 2yrs and be less than $3500 it's cheaper for us both to just split it 50/50. CP said ok. A couple weeks later when I asked for the quotes CP said "Just forget it. I'll take care of it." CP then went ahead and got D headgear to prepare for braces.
Then 6 months later takes me to court for more child support. During our hearing braces were brought up. I said "I offered ortho insurance even though I feel that D doesn't need them nor is she old enough for them. CP refused to get quotes and told me to forget about it." CP said "I think it will help her self esteem later. She has a bad enough overbite that headgear/retainer is neccesary for 7 months. Then she will need about a year of braces."
Our old order spelled out uninsured medical, dental and vision. Our new child support order states that uninsured health costs be split 75/25. Are braces considered a health cost? Am I really responsible for 75% of a cost that: 1. I cannot afford. 2. We have joint custody and CP hasn't discussed any of this. CP has sent me texts saying I'm doing this I'll mail you your part of bill later. 3. My child has told me her grandparents are paying for and taking her to the ortho appointments. 4. I really don't feel my child needs braces at this time.??What is the name of your state (only U.S. law)?
 
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mistoffolees

Senior Member
What is the name of your state (only U.S. law)? Indiana
I do not feel that orthodontics are a health matter for my child. I think they are cosmetic.
Are you a licensed orthodontist and have you done a thorough examination of the child including xrays?

If not, your 'feelings' on the matter are irrelevant.
 

stealth2

Under the Radar Member
She has a bad enough overbite that headgear/retainer is neccesary for 7 months. Then she will need about a year of braces.
Sounds to me like the kid DOES need braces. And 12 is an appropriate age for them to start, especially when skeletal issues need to be addressed.
 

mama.m

Junior Member
mistoffolees-no smarty pants i'm not a licensed orthodontist, or i wouldn't be possibly paying for braces. i'd put them on for free. she's had xrays and it does not pose a health threat to her. ie not going to kill any teeth, cause any pain, or possibly give her something horrible like tmj when she gets older.

stealth2- the head gear is to make her mouth more round. so when they straighten her teeth they look prettier. her ortho's words not mine. her overbite is less than .4 cm and that is not why she got the headgear. that is what the CP said in court. the headgear was to round the upper portion of her mouth. also the ortho said that she may need another round because she is starting all of this so young.

others that may like to comment- I don't need your opinion on whether she needs braces. i need your opinion/advice on whether or not i have to pay for them, seeing as i have joint custody so decisions on major health expenses are supposed to be discussed BEFORE any action is done. that's why i came to a legal forum to ask a legal question. if i needed opinions on orthodontics, i'd find a site to ask free questions to an orthodontist. thank you.
 

stealth2

Under the Radar Member
stealth2- the head gear is to make her mouth more round. so when they straighten her teeth they look prettier. her ortho's words not mine. her overbite is less than .4 cm and that is not why she got the headgear. that is what the CP said in court. the headgear was to round the upper portion of her mouth. also the ortho said that she may need another round because she is starting all of this so young..
That is NOT what you posted. Perhaps you'd like to reread what you said. I quoted it in my earlier post. Changing your story now isn't going to impress anyone. :rolleyes:

ETA - NOW I see what you mean. You could use some work on your writing skills, btw.
 
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mistoffolees

Senior Member
mistoffolees-no smarty pants i'm not a licensed orthodontist, or i wouldn't be possibly paying for braces. i'd put them on for free. she's had xrays and it does not pose a health threat to her. ie not going to kill any teeth, cause any pain, or possibly give her something horrible like tmj when she gets older.
The point you keep ignoring is that YOU are not competent to make that determination. Do you have any evidence that it's purely cosmetic?

You may want to play games with changing your story and trying to pretend that you're an expert on medical necessity, but it goes straight to the issue of whether it needs to be paid.

Once again - do you have any FACTUAL EVIDENCE that the braces were purely cosmetic? It is impossible to answer your question until you can answer that one.
 

mama.m

Junior Member
CP said I think it will help her self esteem later. She has a bad enough overbite that headgear/retainer is neccesary for 7 months. Then she will need about a year of braces.Stealth- notice that the beginning of these two sentences say CP said. It doesn't say orthodontist said.

Again don't need any opinions on whether she "needs" them. Just need advice on whether or not I have to pay since it's not a health risk and is cosmetic. thanks.
 

mama.m

Junior Member
How are they NOT cosmetic if not straightening them isn't posing any health risks? the orthodontist didn't say "o she really needs these or she's going to lose teeth and be in pain and not be able to talk right as she gets older." If she had said anything even close to that D would have been in the ortho's chair the next day, no questions asked.

again I need legal advice not opinions on the braces. I've read other posts that have talked about this and no one grilled them. I wouldn't have even asked but there aren't any posts that come from Indiana.
 
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filledeplage

Junior Member
So, what I gather is you should have included quotes like this:
CP said "I think it will help her self esteem later. She has a bad enough overbite that headgear/retainer is neccesary for 7 months. Then she will need about a year of braces."
Everyone would have probably understood what you meant with those included. Does your daughter have the braces yet? If not, why don't you speak to her orthodontists and find out if these are necessary at this point or or not? If the ortho states that they are not medically necessary at this point, you should have a reason to bring this before a judge to make the final judgment with the facts from the professional submitted for evidence.

ETA: Once your daughter does have the braces put on, you are going to be responsible for the ordered amount. My own orders break down medical, dental, and vision expenses so I am not sure if your lack of inclusion of dental and vision make a difference or not. I believe that they usually state "health expenses" and mean all of those included under medical, dental, and vision. I know that my ex-husband was able to reduce his amount of child support due to me by included his insurance premium for our children, but my guess is that the cost of paying an insurance premium plus 75% of the uncovered bill would be higher than the cost of the braces without insurance.
 
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mistoffolees

Senior Member
How are they NOT cosmetic if not straightening them isn't posing any health risks? the orthodontist didn't say "o she really needs these or she's going to lose teeth and be in pain and not be able to talk right as she gets older." If she had said anything even close to that D would have been in the ortho's chair the next day, no questions asked.

again I need legal advice not opinions on the braces. I've read other posts that have talked about this and no one grilled them. I wouldn't have even asked but there aren't any posts that come from Indiana.
I'm sorry that you don't seem to be capable of understanding simple English. Let me try to use smaller words:

No one can give you legal advice until it is known if the braces were medically necessary.

YOU are not competent to decide if they were medically necessary.

So you can't get advice until you have something from the orthodontist saying whether they were medically necessary or not.

And you can not get advice on the legality of the matter until it is known if the braces are medically necessary?

If you really can't understand that simple concept, get someone to explain it to you.
 

xylene

Senior Member
So you can't get advice until you have something from the orthodontist saying whether they were medically necessary or not.
The poster needs a diagnostic opinion from an orthodontist, not necessarily the orthodontist of the CP's choosing.
 

mistoffolees

Senior Member
The poster needs a diagnostic opinion from an orthodontist, not necessarily the orthodontist of the CP's choosing.
That's true - however, if OP chooses a different orthodontist, you're looking at a battle of the experts - which is likely to cost more than the braces.

I would first start by asking the orthodontist who did the work if they were medically necessary. Based on whatever answer is given, OP may choose to pursue it with other experts - or not.
 

ecmst12

Senior Member
The younger you start the ortho work, the easier it will be on the child, and the more likely the changes will stick. The older you are, the harder it is to get your teeth to move, not to mention your BONES. Starting now is best for her.

A .4 cm overbite is SIGNIFICANT. Even a .3 cm overbite is significant!
 
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The younger you start the ortho work, the easier it will be on the child, and the more likely the changes will stick. The older you are, the harder it is to get your teeth to move, not to mention your BONES. Starting now is best for her.

A .4 cm overbite is SIGNIFICANT. Even a .3 cm overbite is significant!
Just a note here, while I agree that kind of overbite is significant and there is a thing called "dentally handicapped". Some insurance companies use that criteria in order to pay a portion or all of the expense of the ortho, depending on your policy. However, the younger you start is not always the best policy either. The doctor is the expert on that. All kids are different, some kids would be well served at having braces young, some need to wait until they are a bit older, its not a once size fits all deal.
 

LdiJ

Senior Member
Just a note here, while I agree that kind of overbite is significant and there is a thing called "dentally handicapped". Some insurance companies use that criteria in order to pay a portion or all of the expense of the ortho, depending on your policy. However, the younger you start is not always the best policy either. The doctor is the expert on that. All kids are different, some kids would be well served at having braces young, some need to wait until they are a bit older, its not a once size fits all deal.
While I don't disagree with you at all, this child is 12, which is a VERY standard age to get braces.
 

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