What items are considered "Health related Expenses"?


My adopted daughter receives her health insurance via Medicaid that the state of NC provides as part of the adoption. (My ex wife adopted her and then I married in and I adopted her)

She also receives a monthly support payment from the state also as part of the adoption, it’s near $600.

My ex and I share joint legal custody but my wife has primary physical placement of my daughter. My wife also refuses to let me see my daughter (as a side note). I am not informed about any health decisions as our agreement states I should be.

Our separation agreement states that “All future medical, dental, pharmaceutical, optical and other HEALTH RELATED EXPENCES of the child shall be divided equally.” (Exact wording as it is on document)

My question is, are cosmetic items such as medical unnecessary braces, and contact lenses a part of this?
Medicaid refuses to pay for these items as they deem them unnecessary, so do I have to cover them?

Also, are over the counter medications a requirement to pay.

I pay child support monthly as part of our agreement, and I have asked my Ex to let me visit my daughter, she refuses, do I have recourse?



Unfortunately, “health related expenses” does not seem to be defined in your agreement. Typically, for child support purposes, these types of expenses are all uncovered/uninsured/unreimbursed expenses for the minor child. So things like braces and contact lenses would fall in this category. Usually over the counter medications are not going to be considered in this category but an argument could be made that they are included in your agreement since the agreement states “health related expenses” and over the counter medications would certainly be health-related.

Assuming your have a separation agreement that addresses child custody or child custody court order and your ex is not allowing the child to be with you during your custodial time, per the terms, then you ex would be in violation. You would then need to file a breach of contract lawsuit (if custody terms are in the separation agreement) or a contempt motion, called a motion and order to appear and show cause (if custody terms are in a court order).

Anna Ayscue

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

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