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!


Asked on 2/28/12, 12:56 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

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.

Read more
Answered on 2/28/12, 5:58 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Utah