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”?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
David Lee / Law Offices of David Lee
Answered 12 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.
For more information on Divorce and Court Orders, visit my website at:
David Lee
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.