Legal Question in Family Law in Colorado

Major Decision

I currently have a judgement against me for past extraordinary medical bills. The Statute clearly defines those cost as anything amounts over 250.00. The parenting plan clearly state major decision regarding such procedures, costs be decided together. My X neither asked or listened.

Here are my points: Statute extraordinary medical expenses are over 250.00 per year per child. That was revised 01/01/2003. According to the actual Dr bill I obtained, neither party had paid any amounts in one given year over and above the 250.00.

Parenting plan state all major decision be made together or they shall seek mediation. I had a consult with my daughters orthodintist before the braces were put on. He said that it was not a necessity to put them on her. Her previous retainer had helped her jaw. Her mother thought her teeth needed to be straighter. I told the Dr I was against it. I told her I was againt it and I told her to wait because she was still growing and age might help with her teeth straighten. She did it any way. I have a clause in my decree that states she is responsible for her own debts. Because she did this her self. Can I argue this is her debt, and not the childrens because she refused to listen to me say NO.


Asked on 8/08/05, 5:12 pm

1 Answer from Attorneys
The Harris Law Firm, P.C The Harris Law Firm, P.C.

Re: Major Decision

Dear Sir,

Thank you for posting your legal question on LawGuru.com. My name is Alexandra White and I am an associate with The Harris Law Firm, P.C. Unfortunately, I will need some more information before I can give you specific advice that is tailored to your circumstances. You are correct in your interpretation of the current statute relating to the allocation of medical expenses; however, your Orders have to specifically include the language pertaining to the $250 in order for that statute to control your case. If the statutory language is not included in your orders, you need to go back to Court to have the language included--and it will not be retroactively applied. My next question is that if you have a judgment against you for your portion of the uninsured medical expenses, it might be too late to challenge the judgment. I presume that you were given notice of the judgment?

I would be happy to talk with you in person regarding your case. Our firm offers a 45 minute consulation for a flat fee of $150.00. If you would like to set up an appointment, please contact us at (303) 299-9484 and ask for Katherine.

Again, thank you for posting your questions on LawGuru.com. I look forward to hearing from you.

Sincerely,

Alexandra M. White, Esq.

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Answered on 8/11/05, 11:42 am


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