Legal Question in Family Law in New Jersey
Dental Expenses
In my divorce agreement, it states that my ex is responsible for 50% of all medical/dental bills for our children. Both children have braces and our orthodontist put us on a payment plan over the coarse of three years. My ex is under the impression that there is a $250.00 deductible for each year even though this was one dental bill (occurance) spread out over three years. Is this true?
In other words, does he have a $750.00 deductible because we were put on a payment?
1 Answer from Attorneys
Re: Dental Expenses
First, carefully review your settlement agreement to see if it contains any language that pertains to this issue. If it does then likely that language will control. If it does not, then it would be my opinion that the obligation of th parent receiving child support to pay the first $250.00 of unreimbursed medical costs per child per year pertains to those costs incurred in that year, not costs incurred in prior years but payable over time per a payment schedule.