Legal Question in Family Law in Texas
My x wife is to cover and mantain our 3 children on her health ins. plan at her job. We have been divorced for 3 years and she has had job after job and never had any coverage on them besides medicad. Now that she has a plan threw the job she has I pay 120.00 a month on the Ins. she has them covered under. She got the plan on May 11 2010 and she has taken the kids to the dentist and had all this work done on them and then sent me a letter in the mail stating I owe her 240.00 for half of deductable and copys for the kids and that I have to pay her for it. It does not state any where in my divorce where dental is to be coverd not that my kids do not need dental but I do not feel comfortable pay her the money and the recipt she sent with the letter show a balance due and its only for 140.00 what do I do so that I am not held in contempt of court. My new wife had this problem with her x husband and went to court and they said that dental is an elective and is soley paid by the parent that takes the child to the appointmen. Please help me do the right thing,
1 Answer from Attorneys
I am surprised by your statement that in a previous court case, the judge said that dental was elective. Every judge I have been before has held that medical includes dental. If uninsured costs are divided 50/50, then you owe one-half of the dental BILLS or RECEIPTS you get. You do not have to pay merely based upon a letter. You do have to pay if given bills or receipts. The bill may be for $140.00, but if she paid out of pocket, then you owe half of that as well.