browns_fan27
07-27-2006, 12:15 PM
Ex & I have joint with me being primary residential custodian. Have been trying to get him to either get dental insurance since his job offers it & mine doesn't or get his portion of the money (was suppose to be 50/50) for daughter's braces for almost 2 years. Sent him a letter a few months ago letting him know that we had to get this started. Had an attny send me a ltter saying that he wouldn't pay unless court ordered to. I thought a divorce decree signed by me, him & a judge was a court order!!! But it states that dental is suppose to be 50/50. So okay fine, we go to court, judge grants the increase in child support & everything gets changed to now him 75%, me 25% & grants him a second opinion. We do that & that dentist is saying to try a retainer & cut out a few teeth! But also said that yes, she is going to have to have braces. So now what? Who gets to decide which dentist to go to? I am going to go ahead & get the braces put on even if I have to pay for it myself, but it would be nicce to get him to pay for his part. I even told him that I would take it back to the 50/50 for it & he's still pitching a fit! How much more can I do?! I would think since she lives with me & I am going to be the one taking her that I would get to decide. Any help or info would be greatly appreciated.
Rodulu
07-27-2006, 01:20 PM
I guess the question is what does the "second opinion" entitle him to? Does the sentence just end there, or is there some remedy for his second opinion disagreeing with your first opinion? Does it say that if his second opinion is conflicting, he gets to chose?
If it only says that he can get a second opinion, but does not say anything further, then I would venture an opinion that that's exactly what he can do, all day long, to his heart's content. It doesn't change that you are the custodial parent. Also, your divorce agreement may address in another area who is responsible for making decisions concerning your child's health and well being.
browns_fan27
07-27-2006, 01:51 PM
It only states that he is entitled to get a second opinion at his own expense. As far as the divorce decree it doesn't state anything other than I must make him aware of any major medical for the children. Nothing about any decisions or who gets to make them. He was made aware of the fact that I was going to go ahead & have it done this morning & said that he wasn't going to sign anything. Told him I didn't ask him to! So do I just go ahead & have it done & send him a bill for half & if he doesn't attempt to pay, file for contempt?
confusedgram
07-27-2006, 07:35 PM
:D my daughter went though the same situation with her ex. Three of her four children got braces on at the same time.the ncp threw a fit. since each parent lives in a different state it was a bit of a struggle getting him to pay his share. He was taken to court and Paid her every penny that he owed. My daughter has physical custody and lives in Texas. The ncp lives in missouri . It would be very difficult for him to make medical decisions from two states away. What he doesn't realize is that the last of the four children will be getting her braces this year.Since he was in contempt , he had to pay not only the dental bills but my daughter lawyers fees,also. The lawyers fee was almost half the cost of the braces. I don't think he will try that again.