Legal Question in Family Law in Texas
I went through a divorce 7 years ago. We have 2 children both girls . The oldest daughter is having braces put on her teeth by an orthadontist. In our divorce decree my ex wife is required to furnish insurance on the girls. I have remarried another lady with 2 children of her own. Through my work I carry insurance for myself and family. My insurance covers all of the children even though my daughters live with their mom. The part in our divorce decree about orthodontics says that in the event our children get braces that after the insurance we are to split the remaining amount 50/50.
I am having the doctor to file on my insurance as wellas a secondary insurance.Since I am not required to carry insurance would it be safe to say that what my insurance pays,clearly applies to my half of the remaining balance.
1 Answer from Attorneys
No. It is a good thing that you are covering your daughters because that protects them. As the the balance, each party is to pay one-half of all uninsured costs. You and your ex should each pay one-half of the remaining balances after all insurance is applied. Your gracious provision of insurance actually helps both parents in this case. You are to be commended for doing that.
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