Yep she can take you to court over $103 if she is talking about a $206 pair of glasses that are not covered by the insurance. My sep/divorce agreement states that my ex carry my daughter on his health insurance and that we split 50/50 any uninsured medical expenses and co-payments.
I think the answer to this would be in your separation/custody agreement and if it details what expenses you will pay/share for the children. Technically I would think your child support would help pay for your child’s glasses. I would think that her threats to take you to court are just that - threats - look at the reality of the situation with lawyer and court costs versus that $103. Can you not just work out something to give her $20/week for 5 weeks to get her off your back?
I agree with mal. Read your separation/custody papers. It should be spelled out. If not, I would assume the child support you pay would cover your share.
If it is in your divorce and child support decree, you should pay half of all medical expenses not covered by insurance because sometimes accidents happen that are unexpected and would you feel this way if it were something more serious, or are you just upset because it’s just glasses? If the glasses are going to benefit your child, then you should be willing to help pay for them. I don’t receive child support and I raise my daughter! My ex is a doctor, makes a ton of money and hardly ever pays for anything except what is court ordered. I filed for child support due to him claiming he can’t afford things, I finally realized that not only is he a liar, he is also a lousy man that just doesn’t want to spend his money on his child. He feels the money will be coming to me instead of our daughter. His new wife, which just happens to be 11 years younger than him wears fur coats, gorgeous jewelry, and they both drive brand new vehicles, yet he can’t afford an allergy medication that only costs $60 per month. So, I have to pay for everything. I have gotten use to it because at one time we were actually friends, but since he has met this new person and they are now married, she doesn’t allow him to converse with me without recording the conversations or putting me on speakerphone. It’s hilarious what she goes through and how much energy is wasted on her just being stupid!
I feel though as a mother that what you are doing by paying your child support is amazing and wonderful and if you truly feel you don’t need to help with the glasses, maybe you could explain to her that she needs to make better decisions with her finances and maybe she could afford to get the glasses without asking you for extra because that’s alot of money for child support and with you being responsible, it kinda sounds like she just wants the money, but I don’t know her financial situation, so it’s not right for me to say that, but that is what it sounds like to me!
Elizabeth P Taylor
Thanks for all of the feedback. I reviewed my child support order and there is nothing in it about uncovered medical expenses. I understand and see the point that its only $103 and yes I think my sons eyes are important but enough is enough she should be able to purchase that using her child support. Every month its something else, and if I don’t put my foot down she’ll call me forever for extras. When my ex got the increase in child support she purchased a mercedes benz and I pick my son up every other weekend in a ten year old car on its last leg. She’ll call me to let me know that her fiance purchased my son an $100+ pair of shoes, and boast about other things so I can’t understand why she does not have the money for the glasses or the other 100 things she calls me about all the time. I just think she should learn to live within her means I love my son with my whole heart and would give him the world, but I don’t feel that I should have to support her lavish life style. I see commercials and coupons all the time about glasses for $99, if she doesn’t have $200 why didn’t she pick a cheaper pair of glasses, and making $20 payments she wouldn’t go for that, she wants what she wants when she wants it and does not cooperate. Since I told her no on the money which was a week or so ago I haven’t talked to my son I call and ask for him and she hangs up on me. This is what I go through when I say no, which is why I normally give in, but enough is enough. I do feel she’s bluffing about taking me to court, just trying to scare me into saying OK, but I just wanted to double check so that I could be prepared just in case.
Thanks
Dear Tiredofthedrama:
Greetings. If the order does not direct you to pay any medical expenses, then no, she cannot take you to court for half of the expenses, however she may be able to ask the court to modify the order and increase what you pay and then ask for the expenses to be shared. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
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.
My ex and I have a 7 year old son and I pay court ordered child support of approximately $600 per month, I am current and on time with my child support payments. My ex calls me at least once or twice a month asking for additional money for one thing or another. My ex has health insurance on our son and what she pays for his health insurance was used in the worksheet to calculate my child support obligation. She recently took my son to the eye doctor and called to let me know that she is buying him a $206 pair of eyeglasses, and told me that I am obligated to pay half. I told her that I do not have the money and she has called me about 10x’s this week asking again for the money. I continue to tell her that I don’t have it and she told me today that she was going to take me to court for the $103 because it is my obligation to pay for half of his glasses, and called me an irresponsible father. She said that she spoke with her case worker and she told her that she could take me to court for this money. Does she have the right to take me to court for this additional $103 when I am current on my child support? We went court in May of last year, and she got an increase in child support, so the current child support order is not even a year old. Please advise.
Thanks