Legal Question in Family Law in Indiana
contempt or not?
In 1989, an order stated that Roger would maintain health insurance on Danielle and be required to pay all reasonable optometric, dental and hospital expenses upon proper presentation of the bills to him by Janet. A new order was entered in May 2000. It stated that Roger was to provide proof of insurance and to assist Janet in the filing of any insurance claims. Both agree to be responsible for 1/2 of any medical, dental, hospital or optical expenses not otherwise covered by insurance. It did not state [upon proper presentation of the bills to him by Janet]. We received a letter from Janet's attorney dated Nov. 9, 2000 stating that Danielle REQUIRES braces and gave the name of the dentist to contact. I contacted the dentist and was told the braces were already on and payment was needed. Roger is ordered to appear on Dec. 18, 2001, to show cause why he should not be held in contempt. Roger feels that he is not in contempt because Janet did not contact him about the braces he was EVENTUALLY notified through her lawyer, and the letter stated that Danielle ''requires braces'' not that she had already gotten the braces 3 months earlier.
1 Answer from Attorneys
Re: contempt or not?
No, it is not contempt for a parent to have braces put on a child.
It might be contempt for the other parent not to pay, however.
Contempt is not automatic. It must be sought in court.
Hope this helps answer your questions.
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