Legal Question in Family Law in Florida
Orthodontics
Is it required that a father paying child support and alimony also pay for orthodontics? In my childs case they are considered esthetic, not medically necessary.
Asked on 11/18/08, 11:54 am
1 Answer from Attorneys
Brent Rose
The Orsini & Rose Law Firm
Re: Orthodontics
It depends on what your divorce agreement or judgment says. If they don't say, most judges agree that you can opt to refuse to pay your portion for expenses that are not medically necessary. Braces are the classic example. However, the test doesn't stop there. Judges also consider other things like: could you really afford it? Would you get the braces for your child if you were still married? Do your other children by a new marriage have braces? How severly are the braces needed (does it hurt the child's esteem)? Things like that.
Answered on 11/18/08, 12:53 pm