Legal Question in Family Law in California
My ex-husband is presenting me with a 4-year old dental bill for work he offered to pay for after receiving an inheritence from his mother. It was an $18,000 cosmetic dentistry bill for my son's teeth that were ravaged by chemotherapy as a baby. I told him when he began the appointments that I would not be able to contribute to the payments and he assured me that this was a gift from his mother. This is coming as a result of me enforcing an order to have him pay what he is legally obligated to pay in child support for his 3 teenage children ($991/month, which is not much!). Divorce decree does state that we are to split medical and dental costs, but it also says that we must cooperate and agree about any "non-emergency medical/dental treatment." Can I be required to pay $9000?
1 Answer from Attorneys
Family Court is a court of equity, meaning the judge can do pretty much whatever they think is fair. However, there is a statute that requires that all reimbursable medical and dental bills be presented within 30-days. I personally have been ordered to pay part of a very stale orthodontia bill in spite of this statute, but not the full half.