Hello. My husband and his ex have a consent order for uninsured medical expenses. He pays 80% of necessary uninsured medical expenses. It also states that if the treatment is deemed to be not medically necessary and therefore not covered by insurance, the party taking the child for such treatment shall be responsible for 100% of those expenses. The ex took one of the children in for authorization for braces and it came back from insurance as not medically necessary. The coverage is under the Affordable Care Act Essential Health Benefits plan. Now she is threatening to take him to court because he wont pay because it was addressed in the consent order. She also threatened to request a modification for child support as a way to get him to pay. What steps should we take in order to protect ourselves and be prepared for what she might do?
It sounds like the mother has no argument to force your husband to pay for braces and thus nothing he needs to do. Make sure the child support order does not mention braces or orthodontics as a separate line item. Sometimes orders will specifically state orthodontics and the percentage each parent is required to pay.
In order for the mother to modify child support, she will have to prove there has been a substantial change in circumstances affecting the wellbeing of the minor children. Getting braces for a child, without more, is not likely to meet this standard, so child support could not be modified.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you for the reply. The child support order doesn’t say anything about paying medical expenses, only that he will provide insurance. Their support order is over three years old, and I think she didn’t request modification when it came up on three years because I think she knows she will get less support. She can’t justify needing more because in those three years, she got a job, all the kids are in school, so no daycare, has money to spend on a dog, and on my husbands side, we had a child. My fear is if she requests modification, she is going to lie and claim costs she is not paying. She did that during the divorce. She claimed almost $1000 in day care expenses for the youngest, but we have 12 months of financial records that never show a single cent going to day care for him. Or anything paying her lawyer. If that happens, what are our options?
If she nevertheless files a motion to modify child support, then your husband will need to ask for documentation of all of her expenses that she seeks to include in the worksheet (work-related childcare, health insurance premiums, extraordinary expenses). Your husband is not required to take her word for it - she must provide proof.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.