Legal Question in Family Law in Texas
Dental Insurance
I am a non-custodial parent. I purchase dental ins for my daughter - this is not court ordered. The decree states that dental costs are to be split 50/50. The ex-wife claims that we split the bill after the ins co pays. I believe that since I am paying for the ins on my own and ins is not court ordered that she needs to pay 1/2 of the entire bill regardless of the ins. Example - her way - bill 100, ins pays 60 - she pays 20 and I pay 20. My way - since I am paying 100% of the ins cost, bill 100.00 - she pays 50 and I pay 50 as stated in the decree - the fact that ins pays 60 means that she would pay the dentist 40 and me 10. Are there any rulings or case law addressing this? Please respond via email if possible. Thanks
2 Answers from Attorneys
Re: Dental Insurance
Unless your decree is very unusual, you're wrong. It's great you providing dental insurance. You may even be saving yourself money in the long run, but it's each pays 50% of the uninsured costs/expenses.
So to use your example of a $100.00 dental bill ---
with no insurance - you each pay $50.00
with insurance, insurance pays $60.00 - you each pay $20.00
You're way doesn't even make sense. It adds up to $110.00.
Re: Dental Insurance
I agree with Ms. Bushman that it would be VERY odd if you were not obligated to provide dental. I also agree with her assessment. In the event, however, you are right, you MIGHT be able to make an argument that she pay 50% of the uninsured, and 50% of the insurance premium -- but it's a long shot.
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