Can I use that refund to pay our half of the bills or do I have to share the saving with his ex and split the difference after insurance has paid?

my husbands exspouse put braces on his daughter and I as the stepmother carry insurance on her. The braces are financed and I receive a refund check from the orthodontist when my insurance submitts payment. Can I use that refund to pay our half of the bills or do I have to share the saving with his ex and split the difference after insurance has paid?

Asked on June 8, 2009 under Family Law, Montana

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I think this depends on who is making the payments to the orthodontist. If your husband is making the payments, the refund or reimbursement belongs to him, and what you do with the money is between you and your husband.  However, if your husband's ex is making the payments, the refund belongs to her.

I'm not a Michigan lawyer, and there may be other facts that are related to this, possibly including your husband's divorce decree which might talk about these expenses.  For example, if your husband and his ex are supposed to split the unreimbursed part of expenses like this evenly, and they are each making half of the before-refund payments, the decree basically forces you and your husband to share the refund, because otherwise your husband would be paying less than his half.  For advice you can rely on, in this, you should have a local attorney review all the facts.  One place to find a lawyer is our website, http://attorneypages.com


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.