difficult3 said:
We are responsible for 70% of unreimbursed medical expenses. However, under PA Code this does not include cosmetic unless the specific expense was ordered by the court--which it was not. I'm just trying to see if orthodontic for cosmetic reasons could count anyway.
You may or may not be able to use this argument in court. I'd guess you'd need to talk to the ortho & get some sort of paperwork stating this was cosmetic and not neccessary, in case CP takes you to court.
Honestly, I dont think the "mental health" thing would fly with a lot of judges. Especially if you point out how many children CAN NOT get braces because their parents simply CAN NOT afford them- ever. I know a lot of people who never got these because their family was just too poor. I dont remember teasing these people, either, or these people jumping off the deep end b/c they were "ridiculed by their peers". Besides, kids will tease other kids over ANYTHING. If its not the braces, its the haircut, or the clothes, or whatever.
If this was truly cosmetic and it couldve waited a little while, I would refuse to pay and take my chances in court. If it goes to court, and you have to pay, well you arent really coming out with a worse outcome than going ahead & paying. Plus, CP may not feel like taking you to court & will leave it alone.
Quite honestly, if DH was in this situation (my husband has a kid & an ex) and CP did this cosmetically, we wouldnt pay right away. We'd wait for her to have it ordered that we HAD to pay, and try everything to prove it was cosmetic and therefore 100% her problem. Of course, I dont see this happening b/c @ this time she is 100% responsible for any uncovered medical expenses, and even if it did change, DH would be responsible for 50% at WORST and she'd never pony up 50% of money for braces. Maybe that sounds insensitive but when it comes down to paying for things that are NECCESSSARY (food, bills, etc) in my household and cosmetic braces for a child who doesnt live in my house...guess which one wins. Or, if it was like OP's situation and it came down to paying for cosmetic braces (that might not be their responsibility) or seeing my children, cosmetic braces still wouldnt win.
Also- I am curious- how old is this child?