Who's Right or Wrong?

[hereintexas]

What is the name of your state? Texas. I have a child support contempt/modification hearing coming up on 3/29. This was initiated by the OAG. The NCP went ahead and paid the arrears, but we still have the modification. My ex, however, still refuses to reimburse me for payments I have made on his behalf for my son's braces. He made the downpayment back in 2004 and made about 3 payments since then. I have since paid each month of my 1/2 and received insurance reimbursements which has paid off my 1/2 of the braces totalling $1,800.00. Here's my question: I was ordered to pay for the children's health insurance. I was NOT ordered to pay for dental insurance which I am doing voluntarily. This is what my order states:
"Secondary Coverage-- It is ordered that nothing in this decree shall prevent either party from providing secondary health insrance coverage for the children at that party's sole cost and expense. It is further ordered that if a party provides secondary health insurance coverage for the children, both parties shal cooperate fully with regard to the handling and filing of claims with the insurance carrier providing the coverage in order to maximize the benefits available to the children and to ensure that the party who pays for health-care expenses for the children is reimbursed for the payment from both carriers to the fullest extent possible."
He is refusing to reimburse me for the amounts that I am having to pay to keep the monthly appointments and is telling his attorney that he should be getting credit for the dental insurance payments. He now owes me $607.00. I believe that since I am not required to keep dental insurance, that I should be the one who gets to take the insurance reimbursements off of my 1/2 of the total ortho bill. Am I wrong? This just wouldn't make sense that I would keep them covered, paying all monthly premiums and he would get to take 1/2 of the reimbursements? Will I look like a fool before a judge for not giving him credit? How do you read that section of the decree? I just need to know if I'm interpreting it wrong. Thanks for the help.

 

[ceara19]

If YOU are paying the premiums, HE won't get credit for them. Does the Court Order state he is to pay half the cost of braces? If not, in some cases the NCP can argue that he doesn't have to pay half because braces aren't usually medically necessary and are only cosmetic.

 

[gphjr]

Health coverage includes dental. You only showed what seconday coverage the court ordered. you divorce decree should read which person is responsible for paying the coverage and what the parties are responsible for which it comes to non covered medical expenses. When you attend courts your atty should request a more difinitive statement in the MOD when it comes to these issues.

 

[nicetryadmin]

What is the name of your state? Texas. I have a child support contempt/modification hearing coming up on 3/29. This was initiated by the OAG. The NCP went ahead and paid the arrears, but we still have the modification. My ex, however, still refuses to reimburse me for payments I have made on his behalf for my son's braces. He made the downpayment back in 2004 and made about 3 payments since then. I have since paid each month of my 1/2 and received insurance reimbursements which has paid off my 1/2 of the braces totalling $1,800.00. Here's my question: I was ordered to pay for the children's health insurance. I was NOT ordered to pay for dental insurance which I am doing voluntarily. This is what my order states:
"Secondary Coverage-- It is ordered that nothing in this decree shall prevent either party from providing secondary health insrance coverage for the children at that party's sole cost and expense. It is further ordered that if a party provides secondary health insurance coverage for the children, both parties shal cooperate fully with regard to the handling and filing of claims with the insurance carrier providing the coverage in order to maximize the benefits available to the children and to ensure that the party who pays for health-care expenses for the children is reimbursed for the payment from both carriers to the fullest extent possible."
He is refusing to reimburse me for the amounts that I am having to pay to keep the monthly appointments and is telling his attorney that he should be getting credit for the dental insurance payments. He now owes me $607.00. I believe that since I am not required to keep dental insurance, that I should be the one who gets to take the insurance reimbursements off of my 1/2 of the total ortho bill. Am I wrong? This just wouldn't make sense that I would keep them covered, paying all monthly premiums and he would get to take 1/2 of the reimbursements? Will I look like a fool before a judge for not giving him credit? How do you read that section of the decree? I just need to know if I'm interpreting it wrong. Thanks for the help.

The key word here is VOLUNTARY. You are voluntarily providing the dental insurance. He is under no legal obligation to reimburse you for this coverage you chose to VOLUNTARILY add.

What you need to do is tell us EXACTLY what your court order states in regards to medical, dental, orthodontia, etc.

 

[hereintexas]

To clear up something, I am not asking him to reimburse me for the premium that I voluntarily chose to take out. I don't want to be reimbursed for that. I just want him to reimburse me for what I have paid out of his 1/2 of the braces.
I was only ordered to pay for their medical insurance which is separate. Both of us were ordered to pay 1/2 of anything not covered by medical. There are a couple of lengthy paragraphs which include ortho. It basically appears that he would have to initially agree to the ortho and then pay 1/2 and I'd pay 1/2. He never writes me back on anything. I initially mailed him a certified letter which he signed for telling him about the ortho dates, costs, sent him payment coupons for his 1/2. He signed for it and actually mailed in the downpayment on time and then a couple of other payments. To me this was accepting the agreement. He just doesn't want to pay anymore and wants credit for all of the insurance reiumbursements that I have applied towards my 1/2. I feel that it shouldn't come off of his 1/2 since I totally pay this voluntarily and wasn't ordered to.

 

[stealth2]

God Almighty are you people petty. The kid needs braces. You split the part not covered by insurance. Any insurance. Is this really the hill you want to die on? "Waaaah! I had to pay an extra $100 for Junior's straight teeth! STOMP STOMP STOMP! It's not FAIAIAIAIAIAR!"

God, I wish parents would grow up and act like the adults they think they are.

 

[hereintexas]

Yes, $100 would be petty but almost $1,000 is not. That's the reason people take out insurance to begin with-to save money on the procedures. What would really be petty would be to drop the insuranc entirely and make him pay almost $500 more a year for cleanings, sealants, cavities, etc. that he doesn't have to pay a penny on right now because I do carry the insurance.

 

[Ohiogal]

Richard and Kyle are involved?????

God Almighty are you people petty. The kid needs braces. You split the part not covered by insurance. Any insurance. Is this really the hill you want to die on? "Waaaah! I had to pay an extra $100 for Junior's straight teeth! STOMP STOMP STOMP! It's not FAIAIAIAIAIAR!"

God, I wish parents would grow up and act like the adults they think they are.

If I were Richard or Kyle I would be highly insulted that my name was being used in vain! Good grief, I dont think they would want to be affiliated with such behavior and would disavow anyone acting like this.
' nuff said.

 

[Ohiogal]

On a more serious note, i agree with Stealth. THIS IS YOUR CHILD -- BOTH OF YOURS! THe kid needed braces. YOU BOTH PAY. Quit counting pennies and do what is right for the child. (Not legal advice but common sense).
Legally, it doesn't say ANYTHING about offsets. Hence neither one of you can take an offset against amounts that you say the other owes. You pay according to what it says in the agreement which is half and half of uncovered care. DO IT. If you want to factor in offsets, head back to court and let the court tell you how an offset should be handled because legally you can't do it UNLESS YOU BOTH agree. Both of you. Now follow the order the way it is written. And quit trying to split hairs.

 

[VeronicaGia]

It basically appears that he would have to initially agree to the ortho and then pay 1/2 and I'd pay 1/2. He never writes me back on anything. I initially mailed him a certified letter which he signed for telling him about the ortho dates, costs, sent him payment coupons for his 1/2. He signed for it and actually mailed in the downpayment on time and then a couple of other payments. To me this was accepting the agreement. He just doesn't want to pay anymore and wants credit for all of the insurance reiumbursements that I have applied towards my 1/2. I feel that it shouldn't come off of his 1/2 since I totally pay this voluntarily and wasn't ordered to.

Here's my take on this: You and he never had an "agreement", you simply told him about the dates, costs, etc., and he initallly thought he had no choice. Then he read the court order and realized he never officially "agreed." Once he realized that he never actually initially agreed, per the court order, he stopped paying.

Either that or you are not sending him monthly receipts proving that you paid your 1/2 or paid for all of it asking for reimbursement. You are assuming he knows you are still paying, and how much you are still paying. If you aren't sending him proof, for all he knows, the braces are paid for, you stopped paying or it is paid in full.

 

[babymakesone]

Health coverage includes dental. You only showed what seconday coverage the court ordered. you divorce decree should read which person is responsible for paying the coverage and what the parties are responsible for which it comes to non covered medical expenses. When you attend courts your atty should request a more difinitive statement in the MOD when it comes to these issues.

Since when is dental included in health coverage?

 

[VeronicaGia]

Since when is dental included in health coverage?

In many states, all available (meaning employer provided) medical/dental/vision/hearing coverage is considered medical.

 

[ceara19]

Since when is dental included in health coverage?

In most, but not all, Texas court orders, dental is included. There is normally not the same requirements to carry dental insurance as there is for medical insurance, but the cost of necessary treatment is usually split 50/50 between the parents. That's where the OP is having problems. Orthodontics can be seen as cosmetic instead of necessary. Personally, I think both parents need to suck it up and pay the bill for the sake of the child. The NCP should also be thankful that the CP decided to pay for dental insurance. I'm sure it's saved him alot of money for basic treatment over the years.

 

[VeronicaGia]

In most, but not all, Texas court orders, dental is included. There is normally not the same requirements to carry dental insurance as there is for medical insurance, but the cost of necessary treatment is usually split 50/50 between the parents. That's where the OP is having problems. Orthodontics can be seen as cosmetic instead of necessary. Personally, I think both parents need to suck it up and pay the bill for the sake of the child. The NCP should also be thankful that the CP decided to pay for dental insurance. I'm sure it's saved him alot of money for basic treatment over the years.

Why should the NCP be thankful? The point is both parents must have agreed, in advance, to the procedure. He didn't agree in advance, she simply told him what to do and he did it until he read his court order and realized he was railroaded into paying. And since ortho is usually cosmetic, she should have made sure he agreed to it before deciding to sign the kid up for braces.

In other words, if she had followed the order, she wouldn't be in this predicament.

 

[ceara19]

Why should the NCP be thankful? The point is both parents must have agreed, in advance, to the procedure. He didn't agree in advance, she simply told him what to do and he did it until he read his court order and realized he was railroaded into paying. And since ortho is usually cosmetic, she should have made sure he agreed to it before deciding to sign the kid up for braces.

In other words, if she had followed the order, she wouldn't be in this predicament.

He should be thankful because the OP voluntarily carries the dental insurance at her own expense. The NCP has saved quite a bit of money in the past on check ups, cleanings, x-rays, fillings, sealants, etc., because they were covered by the insurance that mom carries at HER expense. So far the OP has not mentioned whether the braces are necessary or cosmetic. For all we know the braces are to correct an overbite, ease the symptoms of TMJ or to stop the child from grinding his teeth at night, all of which fall under NECESSITY.