Legal Question in Family Law in California
I received a bill from my ex today for cosmetic dentistry (veneer - you can barely tell - she has beautiful teeth).
The order states:
1/23/01: ...Each party shall pay on-half (1/2) of all uninsured medical, dental (including orthodontia, visual, optometric, psychological, pharmaceutical, etc. expenses incurred on behalf of the minor child. Neither party shall submit the minor child to non-emergency medical treatment for which the other party shall be liable for more than $100.00 per month without the prior concent of the other party which shall not be unreasonably withheld.
4/12/02: ...Respondent shall reimburse the Petitioner within twenty days for his one-half share of medical, dental, daycare and vision expenses. The Petitioner shall provide the respondent with receipts with demand.
Questions:
1. Considering the information above, do I have to pay for the cosmetic dentistry (veneer - again, even looking at before and after pictures you would never be able to tell), considering my ex never said anything about it and just sent me the bill - and the fact that it was cosmetic and NOT orthodontics (it was done by a dentist, not an orthodontist).
2. If the answer is NO, how do I go about informing my ex while still covering myself if she pursues it in court?
4 Answers from Attorneys
My first question, is, is this for your ex or your child? You don't have to pay for your ex. And, why is your child having cosmetic surgery? If for your child, then I would say no since it is cosmetic in nature and not orthodontic. Also because she had a responsibility to ask you first, but did not. The problem is that she may then use this against you with your child. Tell your ex no for the reasons that I stated above. Good luck!
www.FamilyLawCalifornia.com
As Michael suggests, more information is needed. If there was a legitimate justification for the dental work ( medical or psychological) for the child, then the intervention was in the child's best interests. However, if your ex did not follow the proper notice requirement for non emergency treatment, you may succeed in claiming your ex should be responsible for the entire dental bill.
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