Legal Question in Family Law in Illinois

My ex-husband and I have joint custody of our son and our son physically lives with my ex-husband. In our parenting agreement we split all medical costs not covered by insurance. Also in our parenting agreement it states that attempts must be made to agree on all decisions made regarding health and medical care. My ex-husband wants to have braces put on my son and none of the cost is covered by insurance. I am unable to afford half of the cost of braces at this time and have therefor told my ex-husband that I can not agree with the decision to get the braces at this time. My ex-husband is the type to sue without hesitation. When in a situation like this, where the procedure is purely opitional and cosmetic, Can my ex-husband legally force me into this obligation when I cannot afford it and have spoken my disagreeance with the procedure at this time?


Asked on 10/08/09, 1:51 pm

1 Answer from Attorneys

Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

You can't stop your ex from dragging you back into court but you can try and put yourself in the best possible light before he does. If your agreement does not specifically mention braces or orthodontia, then it is an ancillary matter that the two of you are supposed to try and agree upon. That being the case you need to document in a letter to your husband that you are unable to aford the braces at this time. If your son needs the braces badly then you might want to add that you support the decision to have the braces installed and can contribute X dollars either at this time or at a later date toward the cost. Braces are not generally a medical necessity unless the child's teeth are so bad that they are disfiguring or cause health problems. If your husband truly believes that they are a present necessity and not just a rite of passage, then he'll go ahead and have them done and pay for them. Spliting the cost of the braces doesn't mean that you've got to come up with an equal amount of money anytime the other side does.

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Answered on 10/13/09, 2:24 pm


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