My divorce decree states that I am responsible for 76% of extraordinary medical expenses. My ex-wife is abusing this though by making unnecessary and expensive medical care decisions for our daughter.
She is getting procedures done without my permission and is now threatening to put additional medical and dental expenses in my name without my permission. Am I required to pay for these expensive procedures that I'm not being consulted on?
First let me preface my answer by stating that even though I am licensed in the state of Kentucky, I am unable to provide you with specific advice to your question as I am unfamiliar with all the facts and issues that surround your case that would affect my opinion.
Even though the statute requires that you pay 76% of extraordinary medicals that does not give your ex-spouse the right to elect that your child have procedures that are not necessary just so you will have to pay for them.
If you and your ex-spouse have joint custody, she should be consulting you on any major medical decisions for the child because you and she should have joint decision making. You may need to seek the assistance of the Court to help put a stop to the unnecessary procedures.
Jason Bowman is an attorney in the Louisville, Kentucky, office of Cordell & Cordell. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.