Legal Question in Family Law in Utah
My divorce decree awarded me joint legal custody. I'm financially responsible for 1/2 of all reasonable medical expense.
My son received a mild concussion while snowboarding. He visited his pediatrician on a Friday. The pediatrician recommended a MRI be performed if his condition deteriorated over the weekend. If his condition improved the MRI wouldn't be necessary. I monitored my son over the weekend, his condition improved, I canceled the MRI.
My X didn't agree with my decision and rescheduled the MRI. I informed my X the MRI procedure wasn't necessary and clearly stated she did not have my permission. I informed her via email and text, stating the procedure was not necessary and a waste of money. My X disregarded my legal right and had the MRI performed. Results came back negative just as I anticipated.
My X sent me invoices for the MRI procedure. The expense was significant. Am I responsible financially? Doesn't joint legal custody give me the right to say no to unnecessary medical expense?
I'm entitled to a tax dependant if I'm current on base child support. She'll withhold a tax dependant if I don't pay her for the MRI procedure. Can she do that? Would the MRI expense be considered a component of "base child support?"
Thanks!
1 Answer from Attorneys
The medical bills are not a component of child support. She cannot legally withhold the tax benefit if you do not pay. Your decree should have a mediation clause if you disagree. Try mediation next.
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