Legal Question in Family Law in California
are braces considered ''uncovered medical costs''?
My ex says I owe him for braces that he arranged and has already paid for and one of the two children has long been done with. He says I owe him because our order says each shall pay one half of uncovered medical costs. I say these are cosmetic and he did it without my consent. I have no income but child support, he has excellent income. Thank you for your time.
1 Answer from Attorneys
Re: are braces considered ''uncovered medical costs''?
Usually the order states that each party will pay for one-half of the uninsured medical, dental, orthodontia, vision and counseling needs of the child.
If the order just says "medical", that may not do the job. It would be up to a judge to decide.
Orthodontia is not necessarily simply cosmetic.
If there has been a long delay in making his claim, he may be barred by laches (a sort of equitable statute of limitations).
Finally, maybe it's time to take a fresh look at child support. He may be paying you too little.