Legal Question in Family Law in Mississippi
medical bills
when an order is issued that states a person is responsible for all medical payments for a child, does that also include dental and orthodontic work?
1 Answer from Attorneys
Re: medical bills
Miss. Code 43-19-101 states in part:
All orders involving support of minor children, as a matter of law, shall include reasonable medical support. Notice to the noncustodial parent's employer that medical support has been ordered shall be on a form as prescribed by the Department of Human Services. In any case in which the support of any child is involved, the court shall make the following findings either on the record or in the judgment:
(a) The availability to all parties of health insurance coverage for the child(ren);
(b) The cost of health insurance coverage to all parties.
The court shall then make appropriate provisions in the judgment for the provision of health insurance coverage for the child(ren) in the manner that is in the best interests of the child(ren). If the court requires the custodial parent to obtain the coverage then its cost shall be taken into account in establishing the child support award. If the court determines that health insurance coverage is not available to any party or that it is not available to either party at a cost that is reasonable as compared to the income of the parties, then the court shall make specific findings as to such either on the record or in the judgment. In that event, the court shall make appropriate provisions in the judgment for the payment of medical expenses of the child(ren) in the absence of health insurance coverage. The statute does not define "medical support".
Therefore, the terms of your agreement will be given their ordinary meaning in context of the parties' intent. I would think that procedures related to physical or mental health would ordinarily fall within the definition. Procedures that are not medically necesary probably would not fall within the definition.