Irving, TX asked in Family Law and Child Support for Texas

Q: Do I have to make payment for braces if I wasn’t consulted? Do I have to continue to make payments after order expires?

The child support order states that medical costs will be split in half. A year ago both we consulted an orthodontist who determined that braces for our child would be cosmetic, and not medically necessary. We agreed that braces wouldn’t be purchased. A few days ago I received a letter with two pieces of paper that showed a payment made to an orthodontist in March, and the other showed a payment in April. When speaking with her, I found that she purchased Invisalign for our son without consulting me, and is now demanding I pay half of what she’s paid in the past two months, in addition to paying half of the payments from this point forward. The order states that she must send a bill within 30 days of receipt, although what she sent was not a bill and didn’t have any information such as account number, total amount owed, etc. Additionally, she is stating that she enrolled in a 3 year payment plan, although child support expires next year.

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1 Lawyer Answer
Rick  Davis
Rick Davis
Answered
  • Bryan, TX
  • Licensed in Texas

A: It is not possible to answer your question with any certainty without looking at the language in your Decree. Divorce Decrees are often customized, so it all depends on the language within yours.

Chad Zubi agrees with this answer

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