Worcester, MA asked in Divorce, Family Law and Child Custody for Massachusetts

Q: Can I stop my ex from starting a large expense cost (braces) until we agree on a payment plan with the orthodontist?

My teen recently went to live with my ex (the teen's choice) but we both have 50/50 legal. We share uninsured medicals and I technically would have to reimburse him in 30 days. He makes a lot more money than me, has a two income family, and plans on making a lump sum payment. He won't consider my income and look into an orthodontist's payment plan so that he will be able to file contempt if I can't pay him half in the 30 days (not a friendly divorce). My child has straight teeth, it is only the bite that is off so this is not an emergency. He has given me less than a month's notice. He also refuses to tell me what insurance will cover (he carries it), if it does, and who the orthodontist is so I can speak to them myself. How can I protect myself with the court?

1 Lawyer Answer
Lillian J. LaRosa
Lillian J. LaRosa
  • Divorce Lawyer
  • Woburn, MA
  • Licensed in Massachusetts

A: So, was there a recent Modification of Custody and Support? If you just agreed to this division and did not list orthodontia as an extraordinary expense to be agreed upon this murkies up the waters. It can be considered an extraordinary or unnecessary expense by some Judges. Are you sure you cannot work out a payment plan for one half with the provider directly? If he files a Contempt and you show that you have a payment arrangement for your share he won't have much of a claim. Have written correspondence showing ex's unreasonableness and trying to set you up. Best of all don't go pro se in the future!

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