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”?

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 on December 2, 2011 under Family Law, Massachusetts


David Lee / Law Offices of David Lee

Answered 8 years ago | Contributor

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.

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David Lee

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