Ex husband wont pay half of the cost of braces for our daughter. He claims that since his dental insurance covers two thousand of the total cost, and that my dental insurance covers zero, he is entitled to claim that "coverage" as his portion of the total cost of braces. I would think that after the insurance was deducted, the decent thing would be to split the remaining balance?
Please note that he has not been paying out of pocket expenses for extra coverage. These are two dental plans negotiated by our separate school districts. The coverage is just different.
2 Answers from Attorneys
Interesting question. I think it would turn on whether or not your custody and support order requires him, you, or both, to maintain the insurance coverage on her. If he is under an order to maintain the insurance, then it inurs to her benefit, not his. If, however, he elects to carry coverage he is not obligated to carry, in order to insure himself against expenses he would have to share, then it is for his benefit and he can pay his share out of it. I'm not positive that is correct, having done no research to back it up. But that is what I think you should look into.
Most court orders provide that the uninsured medical and dental expenses are divided equally between the parents, unless the court order provides for a different division. The premiums on his dental insurance are already taken into consideration when calculating child support. Start by reading the court order for payment of uninsured medical and dental bills for the child. With this information you may be able to convince him to pay 1/2 of the uninsured dental costs.