Ok long and short of it
My ex wanted divorce and will not speak to me at all . Would not coparent
We divorced 6/12
Child custody filed prior
I had primary custody with ex having every other weekend and 4 weeks . He agreed to carry medical insurance
He stopped seeing my son in 2013 and did not see for 1 1/2 years and has only seen maybe 10 times since .
He stopped medical insurance in dec 2014
He carried cobra for dental till June 2016 for braces . Part of sons treatment plan was for an implant where he was born without adult tooth . In Sept I took him to a dentist for estimate for implant which cost 268. Estimate for implant was roughly 5000. I informed ex and sent him copy of bill of 268 asking for his half
He offered to look into getting another dentist for implant But never got back to me or paid the 134 owed me
Sent again in March - heard nothing
So now it’s June 2017
Sent it again as it is time for braces to come off and to get implant started
My son has just graduated
I receive an email today that "his obligation is over "
Before divorce
Child support was never formerly settled , my lawyer accepted exes payment of 150. A Month until settled . We never got a court date He filed for a date again with court after divorce finalized but we didn’t get one , court clerk error but documented that we filed for a date
My lawyer served him papers to produce financials . He told our adult daughter it was war .
My question
- Can I go back and get him to pay for
difference in support from dropping medical insurance
2)is he responsible for half of implant since this is part of orthodontic treatment started at age 16
- does he owe me half of the 268. dental bill ? He is claiming , me , custodial parent is responsible for first 250. According to info on your site
I realize the court may assume since I took no action to revise the original amount that I agree to it but I did try and still feel that he should owe money from when he dropped medical insurance in 2014
I feel he owes half of implant
I feel he should of paid more because he has not provided a meal since 8th grade since he does no visitations
If this isn’t considered a child support case since he is now graduated and 18
Could I take him to small claims court for breaking the custody agreement terms for medical insurance and to pay for half of implant
I feel like he strung me along and waited to reply till after graduation
In his words " his obligation is over "
I just want my sons to have a front tooth
Any direction would be appreciated
I realized I should’ve pushed further but just felt my kids were paying the price for his hatred of me
Thanks
Kris
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If there is no child support order or separation agreement with child support terms in place, then you have no recourse. You could have filed a motion to have held the father in contempt for not maintaining medical insurance for the child if there was a court order in place requiring him to do this (or a breach of contract lawsuit if there was a separation agreement in place).
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The father is responsible for one-half of the implant cost if there is a court order or separation agreement obligating the father to pay for this expense and, depending on the terms, if the cost was incurred prior to the time the child turned 18 and graduated from high school.
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The father is response for one-half of the dental bill if there is a court order or separation agreement obligating him to pay for this expense.
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Small claims court cannot handle family law issues, including custody and child support.
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.
I have a custody agreement that states he would cover him on insurance but he dropped medical in 2015 and carried cobra on dental till June 2016
Did not tell me it ended
He strung me along after that stating he would look into dental for the implant
Did not respond to my asking
I believe implant was part of original orthodontic plan but not done by orthodontist
Implant is needed as he was born without that adult tooth which is considered a birth defect
Support was never settled
I had a shitty lawyer plain and simple
son just graduated
Is 18
Can I go to family court for the implant and not carrying insurance now
You can file a breach of contract lawsuit (if agreement is in a notarized separation agreement) or a contempt motion (if the agreement is in a court order) if the agreement/order specifically states that the father was to maintain health insurance on the child and he did not according to the terms of the agreement/order, or if it specifically states that the father is to pay for a percentage of all uncovered medical expenses (for example) and he did not.
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.