Legal Question in Family Law in Utah

I agreed to pay one half reasonable medical/dental expenses for our children. I also agreed to pay 25% more child support than than I should. My X and I both make decent salaries. I think the extra 25% she receives should cover braces. My X disagrees.

Question, would the courts expect me to pay half the expense for braces? I didn't have them, nor did my X... I think my kids have straight teeth. They have a slight over-bite. Orthodontics is cosmetic only.

Please, no lectures on what is best for the kids... just tell how the courts settle the issue.


Asked on 8/30/11, 8:56 pm

2 Answers from Attorneys

Cory Wall Cory R. Wall, Attorney at Law, P.C.

Without any lectures, it would be helpful if I knew the nature of your custody order. If you and your ex have joint legal custody, then this would be an issue which the two of you should address and decide on based on your Parenting Plan, including the dispute resolution provisions in the plan. If your ex has sole custody of the children, then the decision to put braces on the kids would be hers. As it pertains to the cost, orthodontics are generally considered by the courts to be a reasonable mediical/dental expense to be shared by the parents. If this is something you're truly willing to go to court over, you may want to take the children to another orthodontist and get a second opinion as to whether the braces are reasonably necessary.

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Answered on 8/31/11, 7:56 am
Jared S. Lawrence Jared Lawrence PC

Looking to the Orders of the Court is necessary. You may also look to why you are paying 25% extra in child support. Does the reason still exist? Is there a material change that would allow to drop the 25%? You may have to share in the cost as stated, but you may look to whether you can change the 25%. You may not be able to, but if you truly willing to go to court over the orthodontics issue, you may as well look at all of the issues.

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Answered on 8/31/11, 8:49 am


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