Legal Question in Family Law in Florida
divorce settlement change
I have been divorced for several years now. Our divorce agreement states that I will pay for our childrens insurance and also I will be solely responsible for any unpaid medical bills. I want to know my chances of getting this changed to split uncovered medical costs 50/50. My daughter is now requiring braces and since that is so expensive, I want this revised. I will still provide medical insurance, I am only trying to get the unpaid portion updated. Thanks
2 Answers from Attorneys
Re: divorce settlement change
Changes in an agreement require a substantial, unexpected, and unforeseeable change in circumstances. Most judges will probably agree that braces aren't unforeseeable. It's always possible that a kid may need braces. There is a principle in family law says that everyone has the right to make a bad deal, and it sounds like you made one. You're probably stuck paying 100% for the braces.
Re: divorce settlement change
You should consult a local attorney. Normally, the settlement agreement states reasonable and neccessary medical. I do not believe many Judges will find braces as neccessary and therefore not subject to the 50/50 split. Find a lawyer and have the documents carefully reviewed to see if braces are an item you have to cover.