Q: Divorced: Child just got braces and I (mom) have dental ins. for her . In my divorce decree it states that I have a $250

A: Thank you for your question. Children's unreimbursed medical and dental expenses can be confusing. The $250 you referenced is likely the standard $250 mentioned in the appendix of the child support guidelines worksheet. If you are receiving child support per the guidelines, which is likely, then you have to pay the first $250 per year, per child for unreimbursed medical expenses. The understanding is that part of the child support is for that purpose.

After the initial $250 of unreimbursed expenses is paid by you, who pays what of the remaining balance depends entirely on what you Marital Settlement Agreement or final judgment of divorce (if you had a trial) says.

One common scenario is that the parties split those expenses equally. Another popular way to divide those expenses is based on the percentage of incomes. Line 7 of the child support guidelines lists what percentage (based on income) each party makes of the total support. For example, if your former husband makes 45% ofd the income, and you make 55%, then it's not really worth it to do the math every time you need to divide an expense. But if he makes 80% and you make 20%, then he is better able to contribute to outside expenses and he should pay 80% of the balance, while you pay 20%.

However, your final agreement could say anything that you both agreed to at the time of your divorce. If your former husband is independently wealthy, then it may be that he has to pay all unreimbursed medical expenses after your required $250 contribution. The best thing to do is consult with an experienced family law attorney who can give you advice tailored to your specific situation. Then you can make an informed decision on how to move forward.

A: I have a feeling that you are mixing up terms. Generally speaking, under the healthcare section of your divorce agreement, presumably, it states that as the primary custodial parent, you are responsible for the first 250.00 per year per child of their unreimbursed healthcare costs (a requirement under the child support guidelines) with the balance of the child's unreimbursed healthcare costs shared in a ratio of your respective income settings as reflected in the guideline worksheet. Unreimbursed healthcare costs generally speaking include healthcare costs after the amounts paid by the health insurance company including doctor's co-pays, prescription costs, dental, eye care, and usually orthodontic costs. Every agreement is different, and your agreement may state that you are responsible for the payment of the first 250.00 in unreimbursed orthodontic costs and that the balance is divided between you and your ex with him paying XXX percent and you paying YYY percent. You should meet with a family law specialist to have him / her review the terms of your agreement to help better educate you on it so that you understand what each of you is responsible for payment of.