Legal Question in Family Law in Texas
RE: Medical Bills - Speech Therapy (possible medical negligence?)
I am a Joint Managing Conservator with equal rights across the board. I have my sons 1 less day per week than their mother. Our son was diagnosed with Autism and handful of other disorders post-divorce. She has denied giving him services. He was prescribed Clinical Speech Therapy and Clinical Occupational Therapy by a Behavioral Pediatrician. I finally got him into Speech Therapy, but she refuses to pay for the therapy saying she doesn't have any money. She says she will let school help him, but the doctors state that outside clinical therapy is needed for his future success. Also, he had over 20 absences and 15 tardies this past school year alone (all on her watch) - Not to mention only 30% homework completion (thus retained in the same grade). I actually pay her full child-support and allow her to get the deductions on taxes. I don't earn much, but I'll still find a way to take him to therapy. What are the odds I can take her to court to recover some of the medical costs? The dicvorce says all medical services covered by insurance, including mental health, shall be split 50-50.
If it helps, this year alone, I've have had them close to 50% of the overnights. I seriously don't know if going back to court will be productive. I seem to be the only one advocating for my son at school and outside of school. I have taken 30+ hours of classes related to his condition through various non-profits in town. These are free classes so she really has no excuse for not going. She even interrupted part of the official diagnosis of my son and took him away (despite me telling her I objected and the doctors trying to stop her). Alas, he has Autism and now I have to figure out a way to help him. He is school age, but young enough that these needed therapies will make a difference in his life. The one year anniversary of the divorce is coming up later this year. Will having this diagnosis count as a significant life event to fight for greater or equal custody? I feel as if I'm better prepare to help them and paying her child-support is impeding the services I could offer them. Not to mention, she says she has no money, yet manages to go on vacations all the time and also spends hundreds of dollars at bars each month. On the other hand, I live frugally paying child support and barely making ends meet. I will still find a way to pay for the therapy regardless.
Q1: How likely would the court be in forcing her to split the medical bills associated with Autism and other disorders?
Q2: What is the steps and processes to reverse custody?
1 Answer from Attorneys
You ask many complex questions that clearly cannot be addressed on this free space.
I practice law in Harris County. I don't think you live in Harris County.
I would be willing to talk to you. My phone number is 713-847-6000.
1. Yes, she should pay for 50% of your child's uninsured medical expenses. It appears that they are appropriate. She might not like them but your son has a medically diagnosed problem. Autism is expensive. You need to keep all paperwork. You need the doctors to "back you up".
2. It appears that you need to retain a tough, smart attorney that can help you gain custody. I might have a couple of leads that could help you.
It appears that the teachers and the doctors like you and would back you up. That would go a long way with the judge.
You need to document, document, document.
You also need witnesses that will come to court and support you.
Teachers make great witnesses because they are impartial & only care about the kid.
School records are impartial -- your actions did not make her take the kid to school tardy!
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