Legal Question in Family Law in Tennessee

Do I have to pay for unnecessary medical bills?

My ex-wife takes my children to doctors frequently. Sometimes, I feel, the trips to the doctors are unnecessary. My ex-wife has admitted, on some occasions, that the doctors said there was nothing wrong with the child at the time of the visit. Am I responsible for paying medical bills, that were unnecessary, due to my ex-wife taking them to see a doctor when there was nothing wrong with them? Now my ex-wife wants to get dental braces for our 14 yr. old. Do I have to pay for dental braces that may not be actually needed? I am the non-custodial parent, and I am responsible for half of the medical bills. I want my children to be healthy and well cared for, but I don't want them to feel like they are unhealthy and require medical treatment all of the time.


Asked on 1/26/06, 5:55 pm

2 Answers from Attorneys
Autry Jones Jones & Landers, Attorneys At Law

Re: Do I have to pay for unnecessary medical bills?

I would contact the dentist that recommended the braces and she if the braces are in fact necessary. If you are not pleased with his response, take the child to another dentist for another opinion. Generally, if they are necessary, you will be required to pay your share.

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Answered on 1/26/06, 10:47 pm
LAURA TEK LAW OFFICE OF LAURA TEK

Re: Do I have to pay for unnecessary medical bills?

BRACES ARE CONSIDERED "ORTHODONOTIC" AND NOT "MEDICAL OR "DENTAL" BILLS SO CHECK YOUR DIVORCE DECREE TO SEE IF SPECIFICALLY "ORTHODONTIC" IS MENTIONED AND WHETHER YOU ARE LIABLE FOR THE BILL. IF "ORTHODONTIC" IS NOT SPECIFICALLY, I WOULD ARGUE THAT YOU SHOULDN'T HAVE TO PAY IT.

YOU HAVE THE RIGHT UNDER UNDER THE TN PARENTING STATUTE TO REQUEST A COPY OF YOUR CHILDREN'S MEDICAL RECORDS. TALK TO THE DOCTORS AND SEE IF THEY AGREE WITH YOU THAT THE MEDICAL VISITS ARE UNNECESSARY. YOU SHOULD CERTAINLY TALK TO THE ORTHODONOTIST AND ASK HIM IF THE BRACES ARE REALLY NECESSARY. YOU HAVE THE RIGHT UNDER THE PARENTING RIGHTS STATUTE, TN CODE ANNOTATED SECTION 36-6-101(a), TO CONTACT YOUR CHILDREN'S HEALTH CARE PROVIDERS.

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Answered on 1/27/06, 12:14 pm


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