Legal Question in Family Law in California

Hello,

My question is for any family law attorneys out there who are familiar with California Law. I'm divorced and in my court papers it states that I will carry my 2 children on my insurance and any reasonable medical expenses that are not covered by my insurance will be split equally by both of us.

I took the children to the dentist recently. It is a dentist I have been seeing for the last 2 years, but after taking my children there, we got hit with a huge dental bill. I called and found out that this dentist is not a contracted provider with my insurance. I was stunned!!! We have never been hit with a huge bill before and obviously there was some serious miscommunication here between the dentist and myself.

The dentist won't lower the bill. So I told my exwife about the problem here and she refuses to pay her half.

So, my question is: Is she entitled to pay half of this bill, or only a reasonable portion of it? If we went to court over this what would a judge most likely say and do?

Thanks so much for your time. I look forward to hearing from you soon.

Joe Byers


Asked on 2/03/10, 9:53 pm

1 Answer from Attorneys

Not only am I a family law attorney, I had a very similar issue in my own life. The difference is my ex did not make a mistake about whether she was taking our son to an in-plan orthodontist. She just did it without contacting me to find out how to get coverage. I had a plan that required $1,600 total out of pocket and covered everything else. The judge found me responsible for only $800, my half of what the total out of pocket should have been. Your situation is a little different, and it is not one that there is going to be a dispositive case that decides the issue. On the one hand, unlike my ex, it was a totally innocent mistake. On the other, your ex has a very good point that she is obligated to pay half of reasonable and "necessary" expenses, not unnecessary expenses incurred by your mistake. Personally I'd give you better odds telling the doctor to pound salt on his bill for not advising you he was not on your plan, than making your ex pay for your mistake here.

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Answered on 2/08/10, 10:04 pm


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