Legal Question in Family Law in Texas
if a father who is involved in his children's lives, and pays 805.00 a month on child support. when a orthodontic bill is sent to the father from the mother via certified mail-which means the father will need to respond or pay a bill of 1900.00. why cant this amount be deducted from the 805.00 he already pays to the childrens mother. she is more well off because of her current husband than the father and i are right now. is there any law that will help this great father in regards to having some of the money taken from child support rather than all of it being taken from his nearly empty pockets. i need answers please help us in understanding this.
1 Answer from Attorneys
The answer to all these questions depends on the exact wording of the order. If it specifically states that Dad is responsible for half of the unpaid dental/orthodontic bills (that is, half of the part that isn't paid by insurance), then he's stuck. In other words, all of your questions about him being a great father, and who is well off, etc., have already been taken into consideration by the court.
If he can't send Mom the $1900 right now, he should consider sending her $100 per month until it's all paid. She'll scream about this, but she probably won't take him to Court (i.e., sue him for contempt).