Medical/Dental Expenses

No. Not unless it is stated in your visitation order…typically it wd be stated in your child support order. She can take you to court and have it entered in a new child support order but you are not responsible to reimburse her for anything she has previously paid.

Really? I thought there was a $250 rule and I could ask for extraordinary expenses…is that not true?

Regarding child support, there are no real “rules.” It’s totally left to the discretion of the trial judge. Take a look at the relevant statutes (NCGS 50-13.4, 50-13.7) and a smattering of applicable appellate decisions and you’ll see what I mean. Let’s just say that some judges use their discretion better than other judges.

Dear cpalomba:

Greetings. If your child support papers do not obligate you to pay, you are under no legal obligation (a moral obligation, maybe, but legal no). 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.

I pay over $1,300/month in child support for my three children. In the child support papers, there isn’t anything which states that I am responsible for paying half or even a portion of any medical/dental expenses which my ex-wife incurs. She is threatening to take me to court because I refuse to help her pay for “my half”.

Am I legally obligated to help pay these expenses?