Are Braces a Medical Expense Under Child Support Orders

**mustluvphils** · 07-04-2012, 07:21 PM

My question involves a marriage in the state of: New Jersey My final judgement reads that all out of pocket medical expenses for our children are to be paid as follows, Dad/55%, Mom/45%. Our youngest daughter needs phase 2 braces which will cost $4800. The first set of braces under the children's insurance covered $1000.00 only for orthodontics. She needs now a 2nd set of braces which was the plan all along now that all of her teeth are. My former spouse is unwilling to pay towards her braces because he says the decree states out of pocket Medical, not Dental. The first set of braces was covered under dad's medical insurance which was capped at $1000.00 and used for the first set of braces. Even though the decree did not state Dental, wouldn't he still have to pay the 55% towards it? Medical insurance did cover some of phase 1 braces, and it's still the same insurance, and it's an out of pocket expense that is for our daughter. This is a large expense that will be difficult for me. Would it be worth the expense of filing a motion and asking him to pay the 55% or do you think I don't stand a chance because of the wording of the decree? Thank you for your answer and suggestions.

**Mr. Knowitall** · 07-06-2012, 08:55 AM

A typical child support order would provide for the division of "all unreimbursed health insurance costs, including but not limited to medical, dental, psychological, optometric and orthodontic costs for the children...." or, more generally, "health care expenses".

Does your order only reference "medical" costs? If so, why was the order written in that fashion?

**mustluvphils** · 07-06-2012, 11:57 AM

Thank you for your reply. I do not know why or was any reason given as to why Dental care was not written into the order. It's not in my child support order, but is written in my final judgement of divorce. The divorce was extremely contentious and I was not always thinking clearly and never thought to have that specifically in there. I thought it would be covered under the wording, "out of pocket medical expense", but now I don't know. My daughter now needs braces and this will be a huge expense even if I do a monthly payment plan.

**Mr. Knowitall** · 07-06-2012, 12:06 PM

Perhaps you should consider revisiting the matter with the court - seeking clarification or amendment of the order - in advance of incurring the expense. I suggest having a family lawyer review your divorce judgment and custody order, and deciding how to proceed based upon that review.