Legal Question in Family Law in Michigan
Joint legal custody and medical expenses.
My husband has joint legal custody of his daughter, age 16. He has already taken exwife to court regarding excessive medical expenses ($23,000) accumulating in 1 yr with no notification prior to any treatments, and insurance not being used for some expenses. Order from hearing basically repeats definition of joint legal custody and orders ex to use insurance whenever possible. My husband agrees to pay 50% of uncovered expenses instead of ordered 82%. Judge agrees. He recently received medical statements from insurance for daughter (braces, 2 outpatient surgeries), no notification from ex. Does he have a case for nonpayment?
3 Answers from Attorneys
Re: Joint legal custody and medical expenses.
The uninsured medical expenses when excessively large (over $100) should be discussed beteen the parties with proper notice. Things such as braces are not necessary unless medically required, i.e. to prevent jaw or bone trouble, if the procedure is not necessary the parties should get each others consent. $28,000 in medical is extreemly excessive unless your 16 year old has major health issues. If I can be of further assistance please feel free to call, Mark Snover 248-258-0800.
Re: Joint legal custody and medical expenses.
Does the order contain language requiring his prior approval? Probably not. Most don't. He may be stuck if the treatment is reasonable. Bill Stern 248-353-9400
Re: Joint legal custody and medical expenses.
The first question is: why is your husband only finding out about treatment after the fact when he has joint custody?
His daughter is certainly old enough to pick up the phone; if she is physically unable to do it, then it's his job to find out where his money is being spent.
As for him being "stuck" with payments for his child's health, I take issue with that. He has a relationship with his child, and this just smells like an attempt to relive custody battles: find out what's going on and get involved in the child's health. See what the alternatives are, with that level of health expense, surely there's something seriously wrong with her.
This isn't a legal question so much as a "get in there and be involved,-- or don't complain if the child's mother is being left to do it all herself" type of question. If his obligation is to pay half, and he doesn't do anything to see that the expenses are justified and appropriate, I don't think a judge is going to have that much sympathy, and were I your lawyer (which I'm not), I would tell you exactly the same thing and charge you! Even if it is the ex who is playing games, here, if you focus on what is best for the child, then you'll never be surprised,--or stuck. Common sense, right?
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