Legal Question in Family Law in New York
My husbands child support court order states that he is responsible for 50% of out of pocket medical expenses that are deemed medicaly nessisary . Lately he has been getting 50% bills for vitamins,fishoil, vitamin d, & c seperate. The mother said doctor suggested them, but no reason given other than they help with periods. I have looked up every vitamin and no where do they say anything about periods. He has paid 50% of all perscriptions and left over Dr. bills faithfully for almost 16 years. I feel he is being taking advantage of. He goes beyond the call of duty,buys clothes,shoes,pays half of every extra caricular thing she does. We would probrably pay for all the vitamins anyway, but the mother says he has to its medical in court order. Thankyou for your time, look forward to hear answer.
1 Answer from Attorneys
Generally, it would not be worth a full court action for EITHER party to attempt to litigate this part of the agreement / order. I can't imagine charges for these items being more than $30 per month (if not, he is being ripped off), so his half may be $15.00.
In general, these items are not deemed medically necessary without a doctor's note / order, but it may be more efficient to not make an issue of it. (i.e. $15 per month annually is $180; less than most attorney's hourly charge).
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