Legal Question in Family Law in Indiana

Is dental expenses considered medical expenses? My ex-husband is saying that he doesn't have to help with dental expenses because that is not part of medical expenses. I am supposed to pay the first $187 of medical expenses that is not covered by insurance and then he pays 60% and I pay 40%, but he is saying dental and vision is not included in medical.


Asked on 12/16/10, 8:25 am

1 Answer from Attorneys

Usually the order specifies categories so as to avoid having the non-custodial parent argue that dental, vision and other such expenses re not covered as medical. The commentary to the Child Support Guidelines suggests that " As a practical matter, it may be wise to spell out with specificity in the order what uninsured expenses are covered and a schedule for the periodic payment of these expenses. For example, a chronic long‑term condition might necessitate weekly payments of the uninsured expense. The order may include any reasonable medical, dental, hospital, pharmaceutical and psychological expenses deemed necessary for the health care of the child(ren). If it is intended that such things as aspirin, vitamins and band‑aids be covered, the order should specifically state that such non‑prescription health care items are covered."

Taken as a whole, he is wrong morally as well as legally. What kind of parent would refuse to pay for necessary care for his children?

Contact your local attorney and have her or him try to clarify the order.

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Answered on 12/21/10, 2:26 pm


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