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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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My exwife is wanting my daughters to have orthodontic work

Customer Question

My exwife is wanting my daughters to have orthodontic work done that is elective or cosmetic. Am I required to pay for such costs beyond my normal child support payments? The dental insurance does not cover this work. My divorce decree does say I must pay for 70% of all uninsured medical costs. Is this considered medical?
Submitted: 4 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 4 years ago.

Thank you for your question.

To answer your question directly, if the medical care is elective and unnecessary, for her to get you to pay for the procedure, in whole or in part, would require her to go to court and to seek a special assessment where she would have to provide need and necessity to the courts. Otherwise you are personally NOT responsible as this is not emergency or necessary care. While this is considered 'medical', you still have to consent if you deem it to be unnecessary because this is elective in nature. The onus is then on your ex to prove that the procedure is necessary for the care of the child. For example, if you are discussing braces, that is still deemed to be elective as braces are not required unless there is a truly medical necessity for why certain procedures must take place. For that treatment the ex would need to go to court and prove need if you are refusing to cover it.

Hope that helps.