Legal Question in Family Law in New York
Child Support/Contempt of Court
I am having to take my ex-wife to court for contempt of court charges because she instructed an orthadontist to not release information to me about my daughter's dental treatments from 2002. The charges totaled about $4100.00. My daughter was covered by my insurance, but it was never used. Instead, my ex-wife used her insurance and instructed them to pay her rather than the orthadontist. She never claimed the payment and she has requested for me to pay her for the full amount. The judge has ordered a trial. What consequences for contempt of court could she face? Could she also face insurance fraud charges? Am I liable to pay for these expenses if my daughter had insurance, but my ex-wife chose not to use it? Are braces considered a medical or cosmetic treatment?
1 Answer from Attorneys
Re: Child Support/Contempt of Court
Contempt of court - up to the judge, he can jail her but not likely.
Insurance fraud - depends on the facts, but if the claim was legitimate the company doesn't care what she does with the money. But if you ring in your company on the same claim you could be up for those charges. Sounds like the best bet is to get the facts before the Judge and get the Judge to order her to pay the dentist.
Liable - assuming you have joint custody and the usual financial arrangement you are both liable to the dentist for your daughter's care - he doesn't care where you get the money. It's your parenting plan/child support agreement that determines how you share the expenses between you, but that doesn't bind any other party. It's that agreement that the judge will be interpreting at the contempt hearing.
Braces - depends on why they're prescribed, could be either.
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