Legal Question in Family Law in North Carolina
The agreement my ex-husband and I have concerning care for our children issued in NC states that Uninsured Medical Costs are to be split 25/75. My question is what's included in the term Uninsured Medical Costs? Does it include dental care, orthodontics, counseling, etc? There is no other wording in the agreement regarding who is responsible for insurance or medical care costs.
1 Answer from Attorneys
If your Agreement was drafted properly this would not be an issue. It sounds very much like your Agreement is a DIY Agreement. If so, you are now learning why that was a really bad idea because at least with regard to the medical insurance issue (and very likely a host of other issues and issues you never though of) your Agreement has about the same worth as toilet paper. So basically if you and your ex can not agree on what uninsured medical costs are, you may need the Court to interpret it for you. Generally, the Court will take a reasonable person standard along with an intent of the parties standard to determine what your defective Agreement means. Of course, it would likely be less expensive to have an attorney review the Agreement and modify it if possible (or more likely scrap it and start fresh). This shouldn't be too expensive. A lot of firms including ours have flat rate billing for a comprehensive Agreement starting around $250. Best of luck to you?
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Asked 6/30/15, 6:16 am in United States North Carolina Family Law, Divorce, Child Custody and Adoption