Asked in Divorce and Family Law for Illinois

Q: My husband pays support as well as Health insurance for kids. Braces are not covered by our plan. Does he have to pay

For half of the cost? It's considered cosmetic and not needed for health reasons. We live in Indiana

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1 Lawyer Answer
J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
Answered
  • Oak Brook Terrace, IL
  • Licensed in Illinois

A: I assume your husband got divorced in IL because you placed your question in the Illinois law category. My answer does not apply if IN law were to apply in your situation.

The answer should lie in the language contained in his Judgment. Whether or not it covered by insurance has nothing to do with his obligation. Orthodontia may be considered to be cosmetic for insurance purposes, but it is considered a bona fide health expense of the children under our divorce law. It is a non-covered health expense, and will be dealt with in the same manner as all other non-covered health expense. If his Judgment requires him to pay 50% of non-covered expenses, then he is responsible to pay 50% of the orthodontia costs.

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