Question:
Our divorce judgment stats that we are to split the co-pays and miscellaneous medical bills for our children.
My ex-wife has been taking my son to a psychologist against my objections and now I am being billed for thousands of dollars.
Psychologist fees are not specifically addressed in our divorce decree. Does this fall under “other” medical expenses?
Answer:
Each state adopts a unique set of rules or laws to follow regarding divorce matters. With that being said, I can only give you general information and you need to consult with a family law attorney in your jurisdiction.
In Missouri (where I practice), typically expenses for your child to see a therapist or psychologist are extra medical expenses that are generally divided by both parents.
Some parenting plans or custody agreements specifically state that each parent must agree on medical decisions regarding psychological treatment before the treatment is rendered.
If you did not agree to your child’s treatment you could have a defense that you are not responsible for payment of the medical bills.
However, please keep in mind that if a medical professional testifies that the treatment was medically necessary, a judge may likely find you responsible for payment of the bills whether you agreed to the visits or not.
Please understand that my opinions are based upon the limited facts that you provided to me. For a more in depth discussion of your legal rights, I urge you to contact an family law attorney immediately.
Cordell & Cordell has well qualified and experienced men’s divorce lawyers nationwide if you require additional legal assistance.
Michelle Hughes is an Associate Attorney in the Jefferson County, Missouri office of Cordell & Cordell where she practices domestic relations exclusively. Ms. Hughes is licensed in the states of Missouri and Illinois, and the United States District Court for the Eastern District of Missouri. A native to metro St. Louis, Ms. Hughes received her BBA in Economics and Finances from McKendree College. She later received her Juris Doctor from Thomas Cooley Law School where she graduated cum laude.
