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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100583
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My ex wife during our divorce in the State of California was

Customer Question

My ex wife during our divorce in the State of California was told that braces were cosmetic and not an obligatory expense. in 2013 after the divorce was final she went and got braced for our son. During follow up support hearings she was told the same answer and now before a new court she is once again asking for reimbursement for braces. What is the family code that sustains this enforcement what can I do to prevent this from coming up again
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Has anything been filed or reported?
Customer: She keeps submitting the same request during follow up hearings
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 13 days ago.
Category: Legal
Expert:  Ely replied 13 days ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

There is no California statutory law that deals with braces and whether or not this is medical or cosmetic. Nor are there any major cases that deal with the issue (see HERE to search yourself through CA decisions).

This is on a case by case basis. The best that you can do - and what would nip this in the bud - is file a Motion for Clarification, asking the Court on the record whether braces fall under the guidelines. This is done when the decree is ambiguous or the parties disagree about the meaning. The Judge can render a decision that would be part of the case, and on the record, thus stating once and for all how braces are seen by the Court in this case.

I hope this helps and clarifies. Please use the SEND button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of THREE OR MORE STARS and then click FINISH to submit that rating, as this is how experts get credit for our time. Rating my answer the bottom two stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating (it does not cost anything extra to rate).