Unreasonable, extra vision expenses I did not consent to

[bd420]

MI

I have joint legal and joint physical custody of my son. I pay 2/3's of all medical expenses due to 'salary inequality'.

On my ex-wifes parenting time, her mother took my son to the Eye Dr for an exam which was to lead up to new frames and lenses.

The final bill AFTER many extras that my insurance doesn't cover was $170. For instance, frames are covered up to $65, and the ones that grandma picked out were $130. She also got him a trans grey tint for $94 that is not covered.

I've worn glasses for 27 years, and I still pick out the $65 or less frames, so I know that these prices do in fact, exist. I'd love to get the tinted lenses for myself, but I don't because of the extra price involved.

I was not called on these extra choices in vision, and nothing has been paid to this point. Our divorce document is vague on these types of charges, it doesn't even stipulate that the charges have to be reasonable, and I would think that these were most certainly not reasonable.

I have offered to pay HALF of the expenses, rather than the 2/3's, and my ex refuses, at this point, to pay anymore than her 1/3.

What can I do, I don't want to set a dangerous precedence here by letting this slide by and paying the 2/3rds for the uncovered extras I wasn't made privy of?

Thanks.

 

[Ohiogal]

How exactly is it stipulated in your court order -- word for word would help.

 

[bd420]

Relavant stipulations provided:

First bits are from the Divorce Document, 2nd is from the MCSF 2003.

2a. Legal. Plaintiff and Defendant shall have joint legal custody of the children. Both parents have the right and responsibility to share major decision making on matters concerning the health, education, and welfare of the minor children.

7. Support of Minor Children. Defendant (me) must pay to Plaintiff for the support of the parties' minor children, $xxx.xx per month, for two children (of which $0.00 is for uninsured health care expenses).

Deviation from the support schedule. The amount of child support is approved, although the amount of support payable by Defendant (me) is less than the amount the CSF recommends. The parties are deviating from the CSF because application of the formula would be inappropriate in this case because of the value of the other property awarded.

10. Health Care Expenses. Defendant (me) must maintain medical and hospitilization insurance adequate to protect the children of the parties as long as coverage is available through employment at a reasonable expense. Any extraordinary uninsured expenses, as defined in 2003 Michigan Child Suppor Formula 3.08, will be shared by the parties, with Plaintiff to pay 33% and Defendant to pay 67%. A qualified medical child support order may be entered in favor of the party who must use the opposing party's health coverage when that is necessary.

MCSF 3.08 says:
1) Support obligations will provide the division of ordinary and extraordinary costs between the parents.
2) Support orders must provide for payment of ordinary and extraordinary health care expenses.

3.08(C) Ordinary Health Care Expenses
1) Ordinary health care and medical expenses include co-payments, deductibles, uninsured, and other health related costs for children eligible for support in this case.
2) Every support order should set a family annual ordinary health care expense amount to cover the qualifying expenditures, the annual expense amount should be apportioned according to the terms of SubSection 3.08(A)(5). The payer's share of the ordinary expenses should normally be ordered paid as part of the regular support payment. The recipient's share of the ordinary expenses should be directly contributed by the recipient.
3a) On average, families routinely spend $280 per year per child on ordinary medical expenses.
4-d-1) All other qualifying payer health care expenses should be divided as extraordinary expenses once the annual total has been exceeded.

3.08(E) Extraordinary Health Care Expenses (EHCE)
1) Uninsured medical and health care related expenditures that exceed the family annual ordinary health care expense amount set in SubSection 3.08(C), are extraordinary expenses.
2) Net EHCE should be approportioned between the parents according to each parent's share of the total family income (66.7 and 33.3 in this case).
3) Every support order should set the percentage of EHCE for which each parent is responsible according to the terms of Subsection 3.08(A)(5). The percentage continues until further order of the court, and is used when calculating reimbursement of EHCE.
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Basically goes on to also say that support obligations amounts should NOT included in shared economic adjustments and that these health amounts should be ADDED to the support obligation calculated by the shared economic child support equation.

In summary, it looks like I could (maybe should) have been asked to pay an additional amount for the medical of both children on top of the actual amount that I am paying, since that amount stipulates that NONE goes towards uninsured health care expenses. In addition to that amount, I would THEN pay the ratio I'm paying now ONLY for the extraordinary, which hasn't factored in yet, as she isn't using the table mentioned.

The only grounds I see that I have for disdane is the very first stip I quoted, and that is a big one, as she failed to involve me on the decision making process regarding the more expensive frames and the tint for $94 that was NOT prescribed as necessary by his eye dr.

Thoughts, and thanks!

 

[LdiJ]

The bottom line is that you will probably be in contempt if you don't pay your defined share of the glasses.

 

[xylene]

Unless tint was part of the doctors prescription than it is not a medical expense.

Unless the particular frames were required to accomodate the doctors presctiption, then they too are a cosmetic choice, and not a medical expense.

Bottom line - you are having a cow over a very small amount of money.

Force her to make the move if you want.