Legal Question in Family Law in Florida
I have been divorced since Feb 2002, Separated since Oct 2000.
The children (now 13 and 17) have hardly seen their father through the years, although I wish that would change the reality is it won't.
My issue is with dental. They (he and his girlfriend) had a dental plan with orthodontia, now that the 13 y/o needs braces, they now say they only have dental. Up till now they have not followed through on any divorce decrees by paying 50% of costs for the kids, is there any way to legally hold him accountable for his part?
2 Answers from Attorneys
If the orthodontist says the braces are medically necessary, then you can a motion for contempt/enforcement against the father for failing to pay his 50% according to your divorce papers. If the braces are not medically necessary, just cosmetic, many judges will not agree to contempt or enforcement, so you may not be able to force him to pay half.
It depends on your agreement in the divorce decree. If he has not been paying the one-half expense after insurance - then take him back to court. File a motion for contempt and get a hearing date and serve it on your ex.
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