are braces (orthodontia) considered i.e equal to , same as "dental expenses"? These braces costs are not covered under medical health policies and thus not out of pocket medical necesities right or wrong. ? Point e.g., related to child support agreements (out of pocket medial expenses) credits and payments to the other parent.
I am a Florida family law attorney and I can tell you from experience that these are generally considered to fall under dental expenses. While there is no "Constitutional rule" that provides specific guidance, the generally held belief is that this is a form of dental work.
While you have not provided all of the facts just yet, I would suggest that the key here may come down to the language in your specific agreement. If the agreement requires the parents to mutually agree on any such expenses and this expense was incurred without agreement, then the parent that initiated the process would be held financially responsible. Otherwise, this would most likely be considered a joint expense.
Please let me know if anything requires clarification.
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Thanks Joseph for your words above " quote :If the agreement requires the parents to mutually agree on any such expenses and this expense was incurred without agreement, then the parent that initiated the process would be held financially responsible."
There is no rule on point but this case should provide some help...
District Court of Appeal of Florida,
Cecilia VELASQUEZ, Appellant,
Carlos A. RUEDA, Appellee.
June 25, 1999.
Fathersought reimbursement from mother for medical and psychological treatmentreceived by child following divorce. The Circuit Court, Orange County, George A. Sprinkel,IV, J., ordered reimbursement, and mother appealed. The District Court ofAppeal, held that father was not entitled to reimbursement, under parties'settlement agreement, absent mother's prior approval or court order.
ChildSupport 76E 44
76Ek43Contracts Relating to Support
76Ek44 k.In general. Most Cited Cases
Fatherwas not entitled, under parties' settlement agreement, to reimbursement formedical and psychological treatment received by child following divorce, absentmother's prior approval or court order.
* Jorge E. Luna,Orlando, for Appellant.
No Appearance for Appellee.
Theissue in this case involves the mother's responsibility for medical andpsychological expenses incurred by the father for the benefit of the parties'minor child as established by a settlement agreement executed by the partiesand incorporated into their dissolution of marriage judgment. The settlementagreement provides that each parent must jointly approve "major" medical,dental, institutional, psychiatric or other care, and further provided that,should the parents not agree, the issue should be submitted to the court forapproval. According the terms of the agreement, each parent is also financiallyresponsible to pay half of all "other" medical, psychological, hospital anddental expenses not covered by insurance.
Thefather filed a motion in the circuit court to collect from the mother her shareof the child's past medical expenses dating back to a period shortly after theparties' divorce. During the hearing on the motion, the mother objected to someof the bills because there was no showing that she had agreed to the medicaltreatment before it was provided. The mother particularly objected to bill forpsychological treatment because she believed such treatment was sought tosupport the father's effort to change custody. The court, while stating that itunderstood her "objection," ordered the mother to reimburse the father for therequested medical expenses. The trial court did not allow the mother to *125testify during the hearing. By so doing, the trial court deprived the mother ofher right to due process. Accordingly, we must reverse the reimbursement order.
Thetrial court's order requiring the mother to reimburse the father for pastmedical expenses is reversed and this matter is remanded for further proceedings.On remand,the trial court shall consider admissible evidence and determinewhether the terms of the parties' settlement agreement require the mother topay for one half of the medical expenses incurred by the father on behalf ofthe child. In making this determination, the trial court must decide whetherthe expenses challenged by the mother required "major" decisions as defined inthe parties' agreement.
HARRIS, THOMPSON andANTOON,JJ., concur.
Fla.App. 5 Dist.,1999.
Velasquez v. Rueda
736 So.2d 124, 24 Fla. L.Weekly D1588
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