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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
