Legal Question in Family Law in Texas
Our current order states "Reasonable and necessary health-care expenses not paid by insurance and incurred by or on behalf of a child" include, without limitation, any copayments for office visits or prescription drugs, the yearly deductible, if any, and medical, surgical, prescription drug, mental health-care services, dental, eye care, ophthalmological, and orthodontic charges." My ex keeps taking our daughter to the Dermatologist (which she doesn't need) and saying that I have to pay for half. I just need to know if I am obligated to pay half of the Dermatologist, especially since she didn't even discuss this with me prior to taking our daughter?? (we have 50/50 custody). Thanks
1 Answer from Attorneys
Probably. You do not mention her age or the purpose of the visits. The answer also presumes that you have independent rights to medical decisions. It would depend upon whether a medical professional is willing to testify that the treatments are not reasonable and necessary health care. Even then you might have dueling doctor's opinions. This is not an uncommon area of disagreement. Courts are reluctant to micromanage parental health decisions, and without evidence that it is not in the child's best interest, might decline to interfere. In the end, you would have to weigh whether this harmful/beneficial to the child; and what the financial cost is in fighting it, as to whether it would exceed the cost of the co-payment.
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