Legal Question in Family Law in Alabama

My step-son had a tooth pulled. His Mother started in about how he was going to have to get braces (the tooth was a molar). My husband sees that as a cosmetic procedure and I agree. It was not something that had to be done. He talked to someone at the Orthodontist office and told them we would have to sit down and figure out what we could afford to pay. Fifteen minutes later his ex wife calls and starts in about how we are all having financial strains right now and that she didn't care what we had to cut out to pay for half of the braces. Can the Orthodontist office legally share with the ex wife any conversations with my husband? The ex wife threatened to take him to court about this and we would just like to know if he has a legal obligation to pay for a cosmetic procedure?

Thank you


Asked on 4/06/10, 6:16 pm

1 Answer from Attorneys
James Coleman Murchison & Howard, LLC

Your question is not clear about what the doctors office said to the ex-wife. The custodial parent is usually the person who bears the expense of medical treatment, and is then reembursed by the non custodial parent. The more important matter is your husband being taken to court for not obeying the court order with respect to paying half of medical expenses. THe law on medical expenses are "reasonable and necessary". I think the mother would be able to convince a court that putting a kid in braces is reasonable and necessary and not cosmetic surgery. It will be up to the judge.

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Answered on 4/16/10, 4:29 am


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