Legal Question in Family Law in Massachusetts

Re: what is the courts interpretation of the word

The answer to your question will largely depend on the exact wording of your agreement, or the judge's order if there was no agreement. It also depends greatly on whether the dental expenses were for your ex, or for your child.

In general, the court is going to look at whether the particular treatment was needed, be it braces or whatever (the Court is not going to tell a dentist he or she is wrong, from a practical point of view), and whether the cost of those services is reasonable for the treatment (no $10,000 crowns, for example, made out of solid gold). The term reasonable is probably not going to apply to the division of expenses, unless the wording in the agreement points to this interpretation, which they usually do not.

You are looking at whether under the changed circumstances it is reasonable for you to pay these expenses. If you believe that the circumstances have changed, and you should not be resonsible for these expenses, you must file a complaint for modification, so that the Court can consider whether to modify, or change, your obligations. They can only change your obligations for the future, not for expenses already incurred. Be careful here, the Court can also increase the support amount that you are obligated to pay for your child.

Look carfully at the wording in the agreement, if it says you must pay reasonable expenses, then you will be stuck paying the bills unless you can show that the cost of the services are unreasonable, or that the services were not needed. These are tough to prove. The amount of money you may owe may be many times what an attorney would charge, so carefully consider whether you can do this on your own. An attorney can often say exactly what you would have said, and it comes across credible, when if you say it, it sounds like you are being cheap. Please do not take offense, this is just the way it comes across in Court... Good luck to you.

Re: what is the courts interpretation of the word

The Court will enforce the original decree of all reasonable expenses. It would be extremely difficult to challenge the reasonableness of any dental bill most Judges will allow all dental bills. For future bills, in the event you do not want to have responsibility for 100% you can petition the Court through an action of Modification to amend the decree to 50% of reasonable costs. It apppears you cite appropriate change in circumstances to warrant the modification. However as with all legal issues you should consult with an attorney who has been specifically retained in this matter as this answer is not intended to constitute legal representation but merely general knowledge.