Reimbursed medical being used as weapon

Hello All,
In my custody and support order the judge ordered that I pay 80% of all un-reimbursed medical expenses in spite of me taking home less per month than I pay my ex. I have three children and my ex has decided to start taking all of the children to counseling at least once per week at a cost of $60 per session per child. $60 * 3 * 4 = $540 average payment per month on top of the child support and alimony that I already pay.

I have spoken to the children and none of them feel it is necessary to be in counseling but my ex has told me to expect these payments for all three until they graduate from high school (1.5, 3.5, and 5.5 years respectively).

Do I have any options to put a cap on the amount of expenses my ex can force upon me in any given month via this method? I’m responsible to pay her back within 30 days for costs and I fear she will not only do this but other procedures simply to “punish” me.

As an additional question. In this situation all of my children will turn 18 at the beginning of the school year (in their respective years of course). Would such expenses fall on me even after they are 18 because they have not graduated?

Check to see if your court order requires that all unreimbursed/uninsured/uncovered non-emergency medical expenses be mutually agreed upon. If so, and you do not agree, then you would have no obligation to reimburse your ex for 80%. If your court order does not include this language, then you would have to continue paying it. Perhaps you can speak with the children’s therapist to see what he or she believes is necessary.

Unless your court order provides otherwise, there is no cap on the unreimbursed/uninsured/uncovered medical expenses.

Unless your court order states otherwise, child support terminates as to each child when that child turns 18 and graduates from high school. In your case, you would have to continue following the child support order until the month that the child graduates from high school since the child will turn 18 before he/she graduates from high school.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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