My ex and I are divorced, with 3 children. I live in Wake county, she lives in Lincoln county. We have joint legal custody and she has primary physical custody.
Spousal support recently ended and as I expected, my ex is now starting the process to attempt to increase the amount I pay in child support.
Our separation agreement makes no mention regarding medical expenses, only that I pay 100% of the medical insurance for all the children.
My ex informed me that my daughter needs braces (which she does) and since I make more than she does, I should pay 100% of the cost of the braces. I requested, as I will be spending over $6,000 on braces (if I pay for everything), to claim my daughter as a dependent for the 2 years I will be paying, so that I can count the expenses on my taxes. My ex flatly refused, as it would “affect her tax return”.
Now my ex is stating that “CSE says you have to pay for their medical expenses anyway”. Nothing is written in the custody agreement or the separation agreement about this, or about claiming dependents on taxes. So my question is, with nothing being written in either the separation agreement or the custody agreement, am I “required” to pay these expenses? I, of course, want my daughter to have braces, but I am asking only about what I am “legally required” to so, since my ex is starting to toss around that term quite often.