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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 26143
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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The divorce decree states that my husband is to pay 100% of

Resolved Question:

The divorce decree states that my husband is to pay 100% of all necessary medical expenses.

Do we have to pay for Dermatology if we do not feel it is necessary? He has only had a blemish here and there (he is 17)...he has been on medicated face wash and lotions and pills, totalling about 200 dollars every few months..

Keep in mind that we pay 100% of everything...our out of pocket is about 8 to 14 thousand per year on two healthy kids
Submitted: 2 years ago.
Category: Family Law
Expert:  Roger replied 2 years ago.
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney here to assist you.

The order apparently doesn't give any discretion to the paying parent. If its a medical expense, you are required to pay under the current order.

However, you can file a motion to modify the order and ask the judge to relieve you of this expense as not being a medical necessity. The judge certainly can relieve you of this obligation in the event he/she believes this is not necessary.
Customer: replied 2 years ago.

Even though the order says he is to pay for necessary medical expenses? We have asked her to send us a letter from the doctor saying it is necessary, but the doctor will not write a letter saying so.

Also, I have asked this question before, but I would like a second opinion. What about contacts. The decree says "necessary eye care"...we have been paying for glasses for years. Now one of them wants contacts also. Do we have to pay for both?

Expert:  Roger replied 2 years ago.
This depends on what the judge considers to be "necessary". However, in my experience, judges don't look at "necessary" as whether or not it is critical or necessary to sustain life or well being. Instead, judges want to know whether there was a need for the treatment. In this case, if the child's complexion is like most teens, dermatology treatment is necessary to correct the condition. Similarly, if the child has vision trouble, corrective lenses are necessary - the form of the corrective devices could be glasses or contacts.

Thus, I think the judge would consider these things necessary. However, if you believe that the other parent is going overboard, you can ask the judge to limit the obligation to pay for these medical costs.
Customer: replied 2 years ago.

Ok, yes we do believe she is going over board. These kids have had so many MRI's, it is unbelievable. ALL the test come out with nothing wrong.

 

Ok, so if we are paying for the glasses and have always provided them, can we be held in contemp for not paying for the contacts?

 

As far as the Dermatology..he has been on pills, and medicated face face wash for 2 years. We did pay for it the first year, then we stopped, because we felt it was ridiculous...it wasn't cheap. He also has told us he doesn't use it, which proves he doesn't have an acne problem. But there is no way my husband will subject his son to any court hearings. Now she is threatening court action.

 

So can we be held in contemt if the court order doesn't specifically state contacts? It states eye care, which we have provided.

Expert:  Roger replied 2 years ago.
Because the order is not specific, I think contempt could be alleged against him. However, the judge would likely clarify the order instead of holding him in contempt of court.

I would recommend that he file a motion to clarify and for modification of the order instead of waiting to be held in contempt.
Customer: replied 2 years ago.
Would filing a motion to clarify, require her to also be in court
Expert:  Roger replied 2 years ago.
Yes, she would be noticed of he hearing.
Roger, Attorney
Category: Family Law
Satisfied Customers: 26143
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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