Legal Question in Family Law in New York

Father refuses to pay for dental work

My son needed braces. The contract states that his father "pay 50% of all unreimbursed medicals." His father is refusing to pay his share on the basis that braces are considered to be cosmetic, and the contract states that he pays his share for medicals, dental is not a medical bill. Is that true?


Asked on 5/02/98, 8:25 pm

1 Answer from Attorneys

John Hayes The Law Office of John M. Hayes

father's payment for dental work

One assumes that the "contract" to which you refer is, in fact, a separation agreement and that the provisions w/re: medical are part & parcel of the provisions for child support.

You may be able to access the Family Court for the purpose of seeking enforcement of your interpretation of the medical reimbursement provisions - - depending on the specific particulars of the separation agreement and/or the status of any active (pending) matrimonial action and/or divorce decree.

Put otherwise, if the father is determined to Not Pay, nothing written here will change the ultimate reality that you will have to seek enforcement _via_ the Court; whether there is merit to the father's "preferred" interpretation depends in large part on too many factors not available in the context of your question as posted.

Regards, etc.,

jmhayes

-> these musings are, you know, just a "seat-of-the-pants" analysis & are NOT intended to be construed as / understood as / utilized as Legal Advice & Counsel <-

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Answered on 5/28/98, 2:43 am


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