Question:

My children have insurance & dental, however braces aren't covered under the current policies.  My ex is wanting to get our son braces and is telling me I must pay half of the cost although he doesn't have to have them. As a matter of fact, she makes me pay half of my co pay on regular insurance matters.

Can she force me to pay half of the cost for braces? If she can get another dime out me, she will. I'm just wondering if she can force me to pay for something that is not needed?

Answer:

Generally, a non-custodial parent can be ordered to pay only for medically-required procedures, so if the braces are cosmetic, the answer should be no.  However, the trend in courts seems to be to order the payment for braces, on the grounds that the child’s self-esteem is enhanced.  You should consult with an attorney in your jurisdiction.  You would want to make the argument that if braces increase the child’s self-esteem, how much better will more time with dad improve the child’s self-esteem?

Erik H. Carter is a Senior Attorney of the Cordell & Cordell, P.C. office in Indianapolis, Indiana as well as the Litigation Manager of both the Indianapolis and Pittsburgh offices. Mr. Carter has practiced since 1993 as an attorney. He is licensed in Illinois, Indiana, Pennsylvania as well as the Northern District of Indiana and the Southern District of Indiana.