Legal Question in Family Law in Texas

Medical and Dental expenses

I have insurance on my 2 children from my divorce like I'm supposed to. I have them on my dental and medical. My ex wife took our daughter to a dentist that was not covered under my insurance therefore we got a bill and she wants me to pay half of it? My divorce decree states that we pay 50/50 of whats not covered by insurance but I don't feel I should have to pay it because I carry insurance for a reason. Do I still have to pay half of it even though she could have took them somewhere else that WAS covered?


Asked on 1/06/09, 2:36 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Medical and Dental expenses

Reread your decree. It is not uncommon for a decree to contain a provision that if one spouse takes a child to a doctor (dentist) not covered by insurance, when a covered doctor was available, then that spouse is responsible for 100% of the uninsured, absent a compelling reason.

If you have no such provision, and you foresee this becoming a problem, you could file a Motion to Clarify/Modify the provisions of the decree.

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Answered on 1/06/09, 2:45 pm


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