Legal Question in Family Law in Arizona
My ex wife and i have been divorced for over 5 years we have a 10 year old son who has been diagnosed with ADHD and is given medication for the past 3 yeasr my ex adn i have been splitting the costs of his medicaytion because we we're in 100% agreement of this medication fo rour son on top my son resides with me 210 days of of the year and most months spend 19 to 20 days of each month with me and I am court ordered to pay her 258.00 amonth in child support now my ex wife had previsouly changed her medical insurance twice without telling or notifying me of anything ro nay changes at all adn has taken my son back to his doctor behind my back with out me knowing had his medication switched and began giveing him a medication i knew nothing about except it was more dangerous than the one he was one she calle dme a weel latter and told me she wanted to switch him medications as I told her i do not feel ocnfortable switching him medication like that sense his medication is so dangerous and i want time to research the medicationa dn talk to his doctor so i could make a well educated decision on my sons behalf she tols me to late i already gave him the diffren tmedicationa dn hes been taking it for a week now she wants me to pay her for this medication on top of my child support even thought she made this sole decision on her own behind my back i knwo my decree states that if one parents makes a decision with out the other parent its that prents sole responsability for all costs so i really have to pay her or can my chidl support i pay to her contribute to this costs ???
1 Answer from Attorneys
It is good that you are consulting the terms of your decree, because that is really what governs disputes like this. If decisions about the health or treatment of a child must be made jointly and she has not complied with that requirement, I believe she would be solely responsible for the costs and liability. I don't think there is anything you would owe her outside of your regular child support, unless the two of you came to an agreement at some point about the use of the new medication and had an arrangement in the decree about how to divide up the costs of non-covered medications.
Best of luck!
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