However, after I paid, she received a $3,000 refund from the original orthodontist and then went to another orthodontist and I was ordered to pay $2,000 more for those fees.
I believe at the very least I should be entitled to half of my ex-wife's refund she received from the first orthodontist. She is threatening to take me to court if I don't pay her the new amount of $2,000, but I think part of the refund she received from money I paid should go toward that amount.
Who is right here?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana divorce laws where I am licensed to practice.
Where I practice, uninsured medical and dental expenses are divided pro rata based on the parties income. Therefore, the party who makes more money pays a larger percentage of the uninsured medical or dental expenses after the first 6 percent of uninsured medical or dental expenses are paid by the party receiving the child support payments.
Therefore, after the recipient of child support has paid the first 6 percent of uninsured medical expenses for the year, then you, as the payor of child support would be responsible for your percentage of the remaining expenses.
Assuming the cost of the braces was incurred after the first 6 percent of expenses had been paid, you would be responsible for your percentage share of the expenses and your child's mother would be responsible for her share.
Since the cost of the braces exceeded the amount of the refund, you would each be entitled to a percentage of the refund according to the percentage of the bill you each paid, assuming the refund was for the expenses already paid by both of you.
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In order to combat her potential claims that you are not entitled to any of the refund at a hearing, you should obtain a copy of all billing invoices from the prior dentist along with an accompanying Affidavit of Record Custodian or Business Record Affidavit so that the records may be presented at a hearing, if necessary.
You may not be entitled to a full refund of the original amount you paid to the first dentist. If you have joint legal custody, you may be able to argue that you did not agree to this change in treatment, and therefore should not be required to pay the new fees.
However, since the fees have already been incurred on behalf of the child, this argument may not be well received by a judge.
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.