Legal Question in Family Law in Arizona

Our decree states:

Mother shall be responsible for providing health insurance for minor children. Non-covered medical expenses shall be shared by the parties on a pro-rata income basis.

My question:

Is dental or ortho included in "medical"? I've never had them pro rate medical expenses, I've always paid. However, she always wants more. Regardless, the word dental is not in the decree.

Thank you very much.


Asked on 6/04/10, 9:39 am

2 Answers from Attorneys

Joan Bundy Joan Bundy Law

Dental and ortho are medical. But you should stop paying the entire amount; she has violated the court order by letting you do so in the past. You may be entitled to a refund of the difference, if the court orders it. You would have to file a petition to enforce the order.

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Answered on 6/08/10, 7:28 am
Rich Peters R.J. Peters & Assoc., P.C.

Typically, necessary dental issues must be shared proportionally. Your only defense may be if the services provided are merely cosmetic.

We can certainly help you consider and then pursue your options as to the issues.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation

/s/ Rich J. Peters

RJ PETERS & ASSOC., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

facsimile 602-254-1229

see our website at www.familylawaz.com

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Answered on 6/14/10, 8:51 am


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