Legal Question in Family Law in Illinois
According to my divorce decree, my ex-wife is required to consult with me about major medical expenses. About 2 years ago she told me my son needed braces. I informed her I could not afford it and told her she needed to wait until I found a full time job with dental insurance. She chose not to wait, but expects me to pay for half of these out of pocket costs. I have received a letter from the orthodontist stating that waiting would only increase the total cost but nothing about whether it was medically necessary to do it immediately. Had she done as I requested, yes the cost would have been higher, but out of pocket would have been less, since it would have been covered by both of our insurances. Am I responsible for this bill, since she took it upon herself to incur this debt without my consent?
1 Answer from Attorneys
The answer depends on the provisions of your judgment for divorce. Some judgments provide that a failure to consult means that that party pays for it. If yours does not contain a similar provision, then the issue is whether the treatment was needed immediately. Your possible full time job is probably too speculative. If you never get a full time job, they don't get treatment will not fly. As such your position is unreasonable, and you may get stuck with the bill. If you were employed and waiting for the insurance to kick in, it would probably be different.
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