Paying Half Of Uninsured Medical Expenses

Question:

As with most parenting plans, we have joint decision making, but in the event we can’t agree, my ex has the final say with my only recourse being mediation.

Well, despite that, my ex started our child on allergy shots without discussing treatment with me or involving me in any of the decision-making.

Of course, she now wants me to pay for half of the treatments and yes, this is in our parenting plan about splitting unpaid medical. Since she made this decision by herself, am I still obligated to pay half?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Wisconsin child support laws where I am licensed to practice.

Medical decisions on behalf of the children are considered custodial decisions. Although your ex-wife has impasse decision-making in the event of a disagreement, that does not mean she can unilaterally make decisions for the children without first consulting you and discussing with you.

Your recourse for resolving disputes is through mediation. If there is a custody issue that you and your ex-wife are in disagreement with, then you would have to pursue mediation and request that the court order the two of you to attempt to resolve the issue. This will not happen automatically without you taking action.

With regard to paying for the uninsured medical expenses, you may be able to request relief from the court if your ex-wife did not at least consult with on the medical treatment sought for the children. You may also be able to request relief if the expense is unreasonable.

Generally, however, in most jurisdictions, both parents are equally responsible for uninsured medical expenses for the children.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Madison Divorce Attorney Kirsten K. Reneau, please contact Cordell & Cordell.