Legal Question in Family Law in New York
Braces-Medically Neccesary
My exhusband is ordered to pay 2/3 for medical,nonmedical and dental expenses for our son. My son got braces that were much needed due to major spacing of teeth in the front. He however is now taking me to court to fight it and his lawyer is arguing that they were not medically neccesary. I know that he could have lived without them but he was very self conscious and never smiled. His father did promise him that he would pay and is now renigging. I have been paying for them and want to know what I should do to prepare for court. I have a letter that his father wrote saying that he at one time was going to pay.I also have the order signed by the judge ordering he pay 2/3. Is this not good enough. I am not sure how to plead my case as I do not have a laywer, nor did I have one when we divorced 5 years ago. This is a man who makes 80,000 yr. and I make 16,000. Doesn't seem fair. He was never very nice to our son so he does very little for him. I get support but thats as far as his fatherly duties go. Any help would be greatly appreciated. Thank You in advance for your help. I think it's wonderful that you have this service and you take time to do this. Thanks Again.
2 Answers from Attorneys
Re: Braces-Medically Neccesary
You seem like you're on the right track, and Ms. McAlister's information should help you some.
Re: Braces-Medically Neccesary
The "medical necessity" for your son's orthodontic dental care is shown by medical "proofs," that you submit to the Court.
Such "proofs" may include the General Dentist's "Referral" and "report;" the Orthodontist's examination, reccommendation, and treatment report; your child's physician, social worker, teacher, and theraphist's reports, which evidence the pre-existing condition, and the affect that condition appeared to have on your child's health, diet, school social adjustment and well being.
Your son's testimony or his examination by the Court, as to his perceived need for the braces, can also be submitted as evidence of medical necessity.
In addition, the Court or your agreement may require that you show that the cost of the care is "reasonable;" that the "father" was consulted or notified in advance, of the necesssity for this expenditure; and that you appropriately utitlized all available medical insurance benfits, before for the father can be charged the full share of payment, per the Agreement or Court Order.
Good luck,
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
