Legal Question in Family Law in Florida
Medical Expenses for Children
Per my divorce agreement, my ex is responsible for 1/2 of all medical expenses. He has paid his portion past medical as well as dental expenses. My question is are orthodontic expenses considered medical expenses.
2 Answers from Attorneys
Re: Medical Expenses for Children
If the orthodonture is for medical and not aesthetic reasons, it is a medical expensethat would be part of the obligation.
Re: Medical Expenses for Children
Usually, court orders or marital settlement agreements will specify "orthodontics" as well as medical. The test becomes what the parties intended at the time the agreement or court order was issued. If it mentioned dental, than likely orthodontics is included. If one spouse refuses to pay in such cases, there is little alternative but to go back to court; often, today a court will decide that orthodontics was reasonably foreseeable, is an important healthcare cost, and will require the parents to share such expenses, unless the unwilling party clearly does not have the financial resources to help pay the costs.
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