Legal Question in Family Law in Kentucky
prescription drugs
I am divorced and my ex wife has custody of our 16 year old gilr. I have medical insurance on her that will pay all but 10% on generic drugs but Mom says she has to have the brand name which is a whole lot higher. Am I legally responsible for the difference in the generic past the 10% of the generic brand?
1 Answer from Attorneys
Re: prescription drugs
The first question is whether the divorce decree orders you to pay for medical care or does it just order that you provide health insurance. If it does order you to pay for medical care, then the question would be whether the physician has determined that the brand name medicine is necessary. If so, then you probably will be responsible for the difference.
If your decree only orders you to pay health insurance or if this is just the other parent's preference, then you would most likely not have to pay.
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