Court Ordered Dental Procedure and How to Pay for it.

[RDraovac]

My ex took me to court for contempt and the contempt motion was denied. The judge did give her the freedom to get a dental procedure that I disagreed with. It requires general anesthesia and my son is only 6. He is having the procedure since the judge ruled in her favor about this. The parenting plan states that any medical expense over $250 be mutually agreed upon and anything under $250 must be paid back within 30 days. My ex has scheduled the procedure that's about 3k dollars and is demanding payment in full. I have offered to make payments to her at $150 until my portion is paid and she says no. If I don't pay it in full in 30 days, she will file another motion for contempt. What are my rights?

 

[stealth2]

Why did you not ask the judge about payment? Have you discussed a payment plan with the provider?

 

[RDraovac]

The provider did not offer mom a payment plan. She says she had to pay for the anesthesia up front. The procedure is in a few weeks and she says has to pay the balance then. I don't know if she took out a loan but it is something I thought of. I think she may have.

It was never brought up to the judge. I had no idea the judge would offer this ruling, so there was no opportunity to ask about repayment

 

[HRZ]

Are you sure you are quoting the order correctly ? Your text does not address deadlines to pay for larger bills?

IF the order does not require almost immediate payment in full the offer of a payment sequence consistent with your ability pay is not contempt ..it may be a debate but that's different . ( contact the dentist directly , I suspect many do have payment plans ...and in a way a credit card creates a payment plan )

 

[stealth2]

Well, given no details, I'd have venture a guess that it actually might be necessary - I can't think of a medical professional who would agree to cosmetic procedures on a 6yo. So - why have you not contacted the provider yourself?

 

[RDraovac]

The order states that larger bills have to be mutually agreed upon prior. I didn't agree to the procedure in its entirety and she took me to court for a variety of reasons and added this to the motion. The judge ruled in her favor. I know I am responsible for my portion, I just don't know how to go about paying it back.

My ex is already saying she will file a motion for contempt again if I do not pay her within 30 days. I have called the provider and I will call them again. I do believe she may have financed it in some other way.

I also emailed the judges assistant this morning regarding another matter and more threats for contempt.

 

[RDraovac]

The necessity of the procedure is debatable. I did take him to another dentist who didn't deem this an emergency at all. It's basically crowns and root canal with general anesthesia....on his baby teeth.

 

[stealth2]

I'm certainly not going to second-guess a medical professional. Did you ask 2nd opinion dude what long-term effects were possible by not performing the procedure?

 

[RDraovac]

The necessities of the procedure are moot points. Its schefuled. Deposit is paid. Anesthesia is paid for. Hes having it done.

Mom is demanding payment within 30 days and i do not have it. Im still catching up on attorneys fees. The ruling was just granted this month. Judge stated mom could get the procedure and didnt specify how to pay for it.

 

[Zigner]

I suggest that you start making good-faith payments towards the amount due. If you send money and mom refuses it, it's not going to look very good.

 

[RDraovac]

Thank you

Im hesitant because I was told by an attorney that overpayment of child support was not something that could be credited back so to speak.

My specific question is, if I physically do not have the money and can prove that I do not, could I be found in contempt?

 

[xylene]

Could you go to a private dental finance company yourself?

 

[HRZ]

You are mixing apples with oranges...yes, true inability to pay is a likely valid defense to a contempt issue ...but it's not a road I'd chose to test.

Debate about the necessity of service is over , it's going to take place.

IF you chose to make a written offer of payment plan that's a road you might easier defend ...apparently as worded the order does not require instant payment of your share . Force her hand.

I just gotta bet the dentist has various payment plans...did you personally ask ?

BTW , of a $3000 dental bill , what $ wind up on your plate ?

 

[xylene]

I just gotta bet the dentist has various payment plans

If there is some dental time machine to 5 or 10 years ago maybe.

Fewer dental offices offer payment plans these days, they expect you to secure dental financing from companies like CareCredit or iCare or use your own credit card. Dentists lose money chasing debt, and they don't need to offer payment plans to drive business. It is an old fashioned courtesy that modern dentists are hestitant to offer because it is so frequently abused.

Personally, I'd be surprised if such an elaborate and expensive procedure was done without significant advanced payment or proof of financing.

 

[HRZ]

Based on some of my medical friends and thier unpaid bills I fully understand!