Daughters Braces

[saleen556]

What is the name of your state (only U.S. law)? OREGON

I have Sole custody of the child and she is 13 needing braces. I have had the same dentist and insurance for 11 years. My ex wife switched to willamette dental in 2010 when she had temporary custody because it was cheap. She is making me take her to court over the funds for the braces even though in the decree it states that she is responsible for 1/2 of out of pocket expenses. She claims i should have to take them to willamette because it's cheaper. I have a great orthodontist lined up to do brace in the next month. What are the odds of me getting stuck with the bill since i wont agree with her choice?What is the name of your state (only U.S. law)?

 

[Bali Hai]

what is the name of your state (only u.s. Law)? Oregon

i have sole custody of the child and she is 13 needing braces. I have had the same dentist and insurance for 11 years. My ex wife switched to willamette dental in 2010 when she had temporary custody because it was cheap. She is making me take her to court over the funds for the braces even though in the decree it states that she is responsible for 1/2 of out of pocket expenses. She claims i should have to take them to willamette because it's cheaper. I have a great orthodontist lined up to do brace in the next month. What are the odds of me getting stuck with the bill since i wont agree with her choice?what is the name of your state (only u.s. Law)?

50:50**************

 

[Antigone*]

What is the name of your state (only U.S. law)? OREGON

I have Sole custody of the child and she is 13 needing braces. I have had the same dentist and insurance for 11 years. My ex wife switched to willamette dental in 2010 when she had temporary custody because it was cheap. She is making me take her to court over the funds for the braces even though in the decree it states that she is responsible for 1/2 of out of pocket expenses. She claims i should have to take them to willamette because it's cheaper. I have a great orthodontist lined up to do brace in the next month. What are the odds of me getting stuck with the bill since i wont agree with her choice?What is the name of your state (only U.S. law)?

If you have sole legal custody, you get to make the choices unless it is otherwise stated in the order.

 

[mistoffolees]

If you have sole legal custody, you get to make the choices unless it is otherwise stated in the order.

If ex had to pay 100% of unreimbursed dental, then she would have a stronger argument - since some people would choose the more expensive options just to make their ex pay. But since they each have to pay 50% of unreimbursed medical, that argument is weaker.

However, there are several questions:

1. What EXACTLY does the order say? Does it specifically state that she pays 50% of unreimbursed DENTAL expenses? Please give us the exact wording.

2. What is the price difference between your option and hers? If the difference isn't huge, you might simply ask her to pay for 1/2 of what it would have been if you had chosen Williamette.

3. When you say that you have 'sole custody' are you specifically referring to sole LEGAL custody or are you referring to physical custody? It is quite common to have one parent with primary or sole physical but still have joint legal.

 

[saleen556]

If ex had to pay 100% of unreimbursed dental, then she would have a stronger argument - since some people would choose the more expensive options just to make their ex pay. But since they each have to pay 50% of unreimbursed medical, that argument is weaker.

However, there are several questions:

1. What EXACTLY does the order say? Does it specifically state that she pays 50% of unreimbursed DENTAL expenses? Please give us the exact wording.

2. What is the price difference between your option and hers? If the difference isn't huge, you might simply ask her to pay for 1/2 of what it would have been if you had chosen Williamette.

3. When you say that you have 'sole custody' are you specifically referring to sole LEGAL custody or are you referring to physical custody? It is quite common to have one parent with primary or sole physical but still have joint legal.

I have sole legal custody after a custody fight. The visitation on paper is 50/50 however the child lives with me full time as mother doesn't exercise her visitation rights.

The decree reads ( Any uninsured or unreimbursed medical,dental,orthodntia or medical health treatment charges shall be shared equally between parties.

The cost of braces through hers is $1500. The cost through mine by a top orthodontist will be $4800 after my insurance pays $1000. That would leave us each $2400 to pay versus $750 with hers.

 

[Antigone*]

I have sole legal custody after a custody fight. The visitation on paper is 50/50 however the child lives with me full time as mother doesn't exercise her visitation rights.

The decree reads ( Any uninsured or unreimbursed medical,dental,orthodntia or medical health treatment charges shall be shared equally between parties.

The cost of braces through hers is $1500. The cost through mine by a top orthodontist will be $4800 after my insurance pays $1000. That would leave us each $2400 to pay versus $750 with hers.

$1,500 is very cheap for braces. It is so cheap it is actually scary. My daughter's braces (both of them) were approximately $5000.

I would be very weary of using such a cheap orthodontist.

 

[mistoffolees]

I have sole legal custody after a custody fight. The visitation on paper is 50/50 however the child lives with me full time as mother doesn't exercise her visitation rights.

The decree reads ( Any uninsured or unreimbursed medical,dental,orthodntia or medical health treatment charges shall be shared equally between parties.

The cost of braces through hers is $1500. The cost through mine by a top orthodontist will be $4800 after my insurance pays $1000. That would leave us each $2400 to pay versus $750 with hers.

Legally, you're covered. It's a little unusual to have orthodontics actually spelled out like that.

That's a huge difference in cost. Consider that she may well object and say that you could have gotten the treatment for a lot less money so she shouldn't have to the extra amount simply because you choose a more expensive option without consulting her.

Odds are pretty good (but not 100%) that you'd prevail on that issue, but not without a long, drawn-out legal battle. You might find that it's better for everyone if you can sit down and say "I know that Williamette would be a lot cheaper, but they don't offer the quality of service and it's not right for our child to put up with poor work. At the same time, I appreciate that the extra cost might be a hardship. Therefore, how about if we agree that you'll pay $1,500 and I'll pay $3,300 (or whatever numbers you pick).

I just happen to think that if you can afford it, a working relationship is easier on everyone (especially the child) than an adversarial one.

 

[saleen556]

Legally, you're covered. It's a little unusual to have orthodontics actually spelled out like that.

That's a huge difference in cost. Consider that she may well object and say that you could have gotten the treatment for a lot less money so she shouldn't have to the extra amount simply because you choose a more expensive option without consulting her.

Odds are pretty good (but not 100%) that you'd prevail on that issue, but not without a long, drawn-out legal battle. You might find that it's better for everyone if you can sit down and say "I know that Williamette would be a lot cheaper, but they don't offer the quality of service and it's not right for our child to put up with poor work. At the same time, I appreciate that the extra cost might be a hardship. Therefore, how about if we agree that you'll pay $1,500 and I'll pay $3,300 (or whatever numbers you pick).

I just happen to think that if you can afford it, a working relationship is easier on everyone (especially the child) than an adversarial one.

I would love to get along with her this way but it's not possible with her. We are going to court for other issues along with this one. So arguing over this isn't that much more expense.

I agree that her insurance is cheap and there is a reason for it.

 

[LdiJ]

I would love to get along with her this way but it's not possible with her. We are going to court for other issues along with this one. So arguing over this isn't that much more expense.

I agree that her insurance is cheap and there is a reason for it.

Be prepared to prove, with hard, cold, evidence that her insurance provides for substandard care for orthodontia. I am not nearly so optimistic as the others that you will prevail on this issue. That is a huge difference in price and a judge is not going to view her as being unreasonable for objecting to a 4800.00 after insurance bill when its possible to get the treatment for a 1500.00 after insurance bill.

I agree that you will likely prevail if you can prove that yours is definitely the better option, care-wise, (and I tend to believe its likely to be true as well) but you honestly need to prove it.

My biggest concern is if she can demonstrate that the cost of the care starts out the same (or very similiar) but the orthodontist under her plan accepts both your insurance AND her insurance and therefore that is why the cost would be so much lower, that you may get shot out of the water. You may have to prove that the actual orthodontist, under her plan, is substandard and that could be difficult to do.

 

[saleen556]

So we got her braces today. They were $5900. My insurance covers $1000 and my new spouses insurance is paying $2500. This brings the out of pocket down to $2400 which leaves us each $1200 to pay over 2 years. I setup the contract for $100 a month.

From a legal standpoint i don't see how she can refuse to pay 1/2 because i wont use her insurance. Everything i read says i can consult with her but it's not neccesary. I will consult with her about things over the years however this is a case where i believe you get what you pay for and she is putting too much emphasis on going as cheap as possible.

 

[LdiJ]

So we got her braces today. They were $5900. My insurance covers $1000 and my new spouses insurance is paying $2500. This brings the out of pocket down to $2400 which leaves us each $1200 to pay over 2 years. I setup the contract for $100 a month.

From a legal standpoint i don't see how she can refuse to pay 1/2 because i wont use her insurance. Everything i read says i can consult with her but it's not neccesary. I will consult with her about things over the years however this is a case where i believe you get what you pay for and she is putting too much emphasis on going as cheap as possible.

All I can say is that you are going to have to wait and see what happens.

 

[RRevak]

$1,500 is very cheap for braces. It is so cheap it is actually scary. My daughter's braces (both of them) were approximately $5000.

I would be very weary of using such a cheap orthodontist.

I agree!!


This isnt legal advice but just my personal opinion...$1500 is TERRIFYINGLY cheap!! Are they made out of paperclips and wax??? I just had a "spacer" put in my daughters mouth to the tune of $2600 and that was just a SPACER! OP sounds like he made the right decision going to the better ortho even if he ends up eating the cost as bad mouthwork can mean bad teeth in the end if the braces are ineffective and $1500 out the window for nothing.

 

[LdiJ]

I agree!!


This isnt legal advice but just my personal opinion...$1500 is TERRIFYINGLY cheap!! Are they made out of paperclips and wax??? I just had a "spacer" put in my daughters mouth to the tune of $2600 and that was just a SPACER! OP sounds like he made the right decision going to the better ortho even if he ends up eating the cost as bad mouthwork can mean bad teeth in the end if the braces are ineffective and $1500 out the window for nothing.

Psst....1500.00 was the after insurance amount, not the entire amount.

 

[Zigner]

I agree!!


This isnt legal advice but just my personal opinion...$1500 is TERRIFYINGLY cheap!! Are they made out of paperclips and wax??? I just had a "spacer" put in my daughters mouth to the tune of $2600 and that was just a SPACER! OP sounds like he made the right decision going to the better ortho even if he ends up eating the cost as bad mouthwork can mean bad teeth in the end if the braces are ineffective and $1500 out the window for nothing.

That's $1,500 out of pocket. Not $1,500 total

 

[RRevak]

That's $1,500 out of pocket. Not $1,500 total

I guess I didnt see the part where that was after insurance. He just stated $1500. I A$$umed . Looong night last night