Louisiana  |  Family Law

Legal Question

Asked on: 2/02/08, 12:13 pm

child care

during my divorce I was instructed to cover medical insurace. My ex is drowning me in medical bills. Do I have to pay for dental braces?

3 Answers


Answered on: 2/04/08, 6:51 pm by David Hesser

Re: child care

The statute provides:

Extraordinary medical expenses; addition to basic obligation

By agreement of the parties or order of the court, extraordinary medical expenses incurred on behalf of the child shall be added to the basic child support obligation. Extraordinary medical expenses are unreimbursed medical expenses which exceed two hundred fifty dollars per child per year.

The cases below on this issue seem to suggest different results in different cases. I suggest you have an attorney review your judgment.

Orthodontia

Father was only responsible for one-half of lowest estimate for child's braces obtained by mother, not one-half of $3,360 actual cost of braces from another dentist, where mother incurred higher cost without conferring with father when she chose other dentist to do the dental work over dentist who was not only competent but gave estimate of $2,300 Montou v. Montou,

Cost of orthodontic treatment in amount of $250 per month had to be added to basic child support obligation as extraordinary medical expenses, in modifying father's child support obligation originally entered at divorce. McDaniel v. McDaniel

Children's need for braces and contact lens expense were not incurred "extraordinary medical expenses" needed to justify award in addition to basic child support. Lloyd v. Lloyd


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Law Offices of David C. Hesser 4434 B Youree Drive Shreveport, LA 71301

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Answered on: 2/02/08, 1:39 pm by Andrew Casanave

Re: child care

There is a big difference between paying for health insurance and paying all your ex's medical bills. Usually those orders are temporary (6 - 18 months). Check the judgment with your lawyer.


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Andrew M. Casanave 1032 Ryan Street Lake Charles, LA 70601

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Answered on: 2/02/08, 1:43 pm by Andrew Casanave

Re: child care

On first reading the question it appeared to be about your ex-spouse's medical bills. I now see it is about your child's. You have an obligation to the child until adulthood.

You should still review the judgment with your lawyer because it is unusual for one parent to bear the full obligation of uninsured portions of healthcare.


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Andrew M. Casanave 1032 Ryan Street Lake Charles, LA 70601

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