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State: Minnesota County: My x-wife went and had our daughter…

State: Minnesota County: ScottMy x-wife went...
State: Minnesota
County: ScottMy x-wife went and had our daughter get braces in January of 2018 and then filed for reimbursement from Scott County Child services. The letter I received from them states that I have 14 days from March 2nd, 2018 to file a motion with the courts or pay them the $2000 or they will increase my wage garnishment to cover the cost. My issue is that I told my x-wife “No” on several occasions that our daughter didn’t need braces, and that with an 18 year old son going to college in the fall we had better places to spend the money vs braces to correct some minor cosmetic issues.My question is do I have any recourse or should I just pay the money? My x-wife did this fully knowing that I did not support it.Regards,
Stacy Lukaskawcez
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Answered in 1 hour by:
3/7/2018
Jessica B
Category: Family Law
Satisfied Customers: 1,662
Experience: Attorney at Donald B. Linsky & Associates, PA
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Hello. My name is ***** ***** I am a licensed attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session. Thank you! You need to file an objection to the reimbursement. A hearing will be set and you will be able to explain to the judge how you did not consent to the braces and believe them to be an unnecessary expense. If the judge sides with you, he will order your ex to pay the cost of braces out of pocket. Have you responded to the court yet?

Jessica B
Category: Family Law
Satisfied Customers: 1,662
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified
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Customer reply replied 4 months ago
I have not responded to the court yet, I was questioning if it was really worth it or if in the end I would end up paying for them anyway.Would there be any costs associated with the courts? It cost me over $30k in legal fees for the divorce and really don't need to start down that path again for a $2000 bill.Regards,
Stacy Lukaskawcez

There are no court costs associated with filing an Objection but there could be attorney's fees if you use an attorney to file the objection. In all honesty, braces are considered a necessity and not elective. All your ex would have to do is produce a written statement from the dentist stating the braces are necessary.

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Customer reply replied 4 months ago
Would it be worth me contacting the dentist for their recommendation on if they are necessary or not and what recommendation/referral they provided? My frustration is unless you have PERFECT teeth the dentist always refers you to an ortho. They did the same with my son when he was 12 or 13 and we never had him in braces.Regards,
Stacy Lukaskawcez

I think contacting the dentist is a good idea. If the dentist says it is not necessary then you will have a better idea whether you will be successful or not in court.

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