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Submitted 43 days ago...

AmyLynn

AmyLynn

New User (5)

Can I be forced into paying for braces that I cannot afford at this time?

My ex-husband and I have joint custody of our son and our son physically lives with my ex-husband. We live and were divorced in Illinois. In our parenting agreement we split all medical costs not covered by insurance. Also in our parenting agreement it states that attempts must be made to agree on all decisions made regarding health and medical care. My ex-husband wants to have braces put on my son and none of the cost is covered by insurance. I am unable to afford half of the cost of braces at this time and have therefor told my ex-husband that I can not agree with the decision to get the braces at this time. My ex-husband is the type to sue without hesitation. When in a situation like this, where the procedure is purely optional and cosmetic, Can my ex-husband legally force me into this obligation when I cannot afford it and have told him that I disagree with the procedure at this time?

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Answer 1 / 3 - Submitted 43 days ago...

tomturkey

tomturkey

Brain (6,470)

Well your child needing braces is not really optional, the Dentist does not just request braces,there is a reason. If the court order stipulates you have to pay half of medical bills,this would be included,having joint custody may allow you both to make decitions for the child,it does not mean if there is a medical condition,that you can just say no,and feel fine with it, that is why we have the courts,if you and the father cannot agree,and there is a stipulaton you are to pay half,he can file a motion asking the court to make you pay,or he can pay his half and take you to small claims court and get a judgement against you, what you might want to do is see if you can make payments to the Dentist for your half,that usally can be done with braces.

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Answer 2 / 3 - Submitted 40 days ago...

AmyLynn

AmyLynn

New User (5)

The braces are for cosmetic purposes only and are not a medical necessity

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Answer 3 / 3 - Submitted 40 days ago...

tomturkey

tomturkey

Brain (6,470)

I understand what your saying in one way and in another, as a mother I would want my child to have this done,while young, it not only helps her teeth,but her appearance, if the father can afford to do this and the child will benifit from it why wait, maybe the father will cover the whole thing,if you cannot,if he feels this strongly about it, after all if you do not have he money than you don't have the money, if he takes you to court,let he judge determine if he/she feels this is medical necassary at this time.

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