Are braces considered to be medically necessary?

My ex and I have joint legal physical custody. She ran out behind my back and got braces for my child. I have my child for a week then she has my child for a week, off on. I didn’t know that my child had braces until it was my parenting time and I noticed them. When approaching the mother, she only told me that I owe half $2500. This was not said to be medically necessary and the court agreement does not state anything about dental/ braces only that we both are resposible for 50% of unpaid medical expenses. Are these “medical” Am I resposible if they were not medically necessary and she ran out behind my back to get the braces? Neither party pays child support because it is equal everything.

Asked on September 20, 2012 under Family Law, Michigan


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether or not braces are deemed a medical necessity of a particular person depends upon the circumstances for each person. Unless there is a written doctor's order from a licensed doctor in the state where the your child resides, then the braces are presumed not to be a medical necessity.

Ordinarily braces are for cosmetic reasons albeit having braces can help alleviate future dental issues down the road for a patient.

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