hopefully a lawyer will address this as well but here’s what I would do:
-have the dentist/orthodontist write a letter - preferably directly to your husband, which recommends that your daughter needs braces, get a copy of this as well.
-send your husband a copy of your separation agreement with the portion about orthodontic care highlighted
What portion of the braces are covered by insurance? Who has the dental insurance? Many dentists offices will be open to some sort of payment plan if the cost is an issue for one or both of you.
If this does not get him to pay then you will have to take him to court by filing a “Motion to Show Cause” so he has to explain why he is violating the terms of your agreement. He will not have much to stand on if your dentist clearly shows that your daughter is in need of braces and orthodontic care is specified in your agreement.
I would get a note from the orthodontist stating that the costs are necessary, send him the letter and give him a reasonable period of time to pay. If he does not pay, you can sue him for breach of contract. That is the only way to force him to pay. Your contract may include a provision requiring him to pay your attorney’s fees if he breaches. You can also attempt to file the lawsuit on your own without an attorney. Given that it is such a narrow issue, there is a reasonable likelihood that you would suceed.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
I don’t see where any parent would have their kids go through life with crooked teeth if they could afford braces. This day and age, two parents working together should be able to give their kids a decent smile. PS, I never had a chance to get braces and it does effect the way you feel about yourself.
Hello, I am new here, and this is my first post. I went through this with my ex with THREE of my 4 kids (1 got lucky). They all 3 needed braces. I had to go back to court, in front of the judge, even though the separation agreement stated that he pay half of all MEDICALLY NECESSARY dental bills.
The orthodontist wrote a letter and sent those photographs (you know, the ones with their lips pulled back showing the teeth) and it was so obvious) that the judge almost laughed and made him pay!!! Just make sure you get the order to last through any and all kids. My thoughts and prayers are with you… good luck.
P.S. My youngest (my daughter, is getting her braces off next month, and she is BEAUTIFUL! well worth the fight!!
In our separation agreement, which was rolled into the the divorce agreement, States my ex should pay 1/2 of all orthodontist. My ex does not think my 13yr girl needs braces therefore why should he pay. I’m sorry she needs them. What can it do to have him pay this? His protion is about $2000. I don’t want to spend $$$ to the attorney/court to have him pay this when it was part of the aggreement in the first place.
