What does it mean if a divorce states, "all reasonable uninsured medical and dental expenses of the minor child shall be equally divided between the parties"?

Question Details:

My ex states that medicine and co-payments are not considered out of pocket medical expenses. My son is on daily medicine and after 5 years my ex-husband will not help pay anything towards his medicine, or doctors appointments due to his illness. This has all happened when he got married.

Asked 12/2/2011 under Divorce, Marriage, Alimony | 155 View(s) | More Legal Topics

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David Lee / Law Offices of David Lee Answered 5 months ago | Contributor This attorney is licensed in Illinois

Medicine and co-payments should be considered "Medical expenses".  If your insurance is not covering the cost of your child's medicine, you should file a petition for rule to show cause against your ex-husband for violating a court order.  Your ex-husband's first obligation is to your son, regardless if he got remarried.  The Judge will make a determination whether medicine qualifies as an "uninsured medical expense" and he can hold your ex-husband in contempt of court.  Contempt of Court for violating a court order can carry with it a maximum term of six months in jail. For more information on Divorce and Court Orders, visit my website at: http://davidleelegal.com/ David Lee

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