Legal Question in Family Law in Connecticut

who pays for cosmetic procedure?

I am primary custodian for my 2 children and their father has visitation. My ex husband recently took my son to visit an orthodontist (without my knowledge).

Apparently, the orthodontist determined that my son needs braces.

My ex told me that I am responsible for 1/2 of the co pay for this cosmetic procedure (approx $2,000).

I am working 2 jobs and barely make enough to pay the bills. I cannot afford to pay for orthodonture at this point.

My ex calls and emails me nearly daily pushing me to take my son back to the doctor to begin the procedure.

I told him that I cannot pay for and and refused to do it.

He told me yesterday that he has hired an attorney and is going to pursue this matter in court -- his charge being that I am in contempt for withholding medical care.

I don't feel that my son needs braces and that this procedure is for cosmetic purposes only.

Do you think that a judge would force me to pay?


Asked on 1/14/09, 12:12 am

1 Answer from Attorneys
Linda Subbloie Linda A. Subbloie, Esq.

Re: who pays for cosmetic procedure?

What does your divorce decree say? If you are responsible for a percentage of unreimbursed medical and dental (which is usually included)then you most likely are responsible for your percentage not covered by insurance.This is assuming the orthodontist says he needs the braces.

You could seek out another opinion to see if he in fact does need braces. If you find an orthodontist who disagrees, then you would have to have a hearing. You would each present your expert's opinion and let the court decide.

You could also move to modify the decree, pertaining to the unreimbursed medical/dental terms, if your financial situation has substantially changed for the worse since the divorce. You would ask the court to reduce your percentage of responsibility base upon your reduced income.

Otherwise, you are responsible.

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Answered on 1/14/09, 9:28 am


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