My husband's exwife took their son to a dentist that was not covered by insurance. My husband has full dental insurance on his son. She received a $900 bill and says we need to pay 60% of it (based on the divorce papers). We never agreed to her taking him to a different dentist that was not covered. We would have only had to pay under $150 for the same procedure. Are we responsible to pay for decisions she made without consulting us and for deciding to take him to someone that is not covered??
1 Answer from Attorneys
I am assuming that the Judgment of Divorce has standard language such that any medical cost not covered by insurance will be 40% mother and 60% father. The issue then comes down to whether the dentist bill can be considered a medical cost not covered by insurance. I would need to see if there is anything else in the Judgment regarding the making of decisions such as which doctors to take the minor child to. If there is no guidance then I would think you could hire an attorney to file a Motion to get the Court to order that the dentist bill was covered by insurance and therefore the father should not have to pay 60% of the bill. Aldrich Legal Services, PLLC specializes in Family Law matters, along with Real Estate and Probate matters. If you feel that we can be of service to you please visit our website at aldrichlegalservices.com or call me directly at (734) 404-3000 for a free consultation.