In my divorce decree it states that I am responsible for medical and dental insurance and all costs not covered by insurance, though it doesn’t state for how long.
My child is likely considered emancipated since she is no longer in school and has a child of her own, but my ex-wife wants me to pay for the cost of braces, which are not covered fully by insurance.
Do I have to pay?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Pennsylvania divorce laws where I am licensed to practice.
A parent has a duty to support a child until they become emancipated, which in my state is considered reaching the age of 18 or upon graduation from high school, whichever is the later event. However, the age at which you duty to financially support your children ceases varies from state to state.
Generally, any major medical/dental/psychological expense must be considered necessary and, typically, must be agreed to by both parents prior to the procedure being undertaken.
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Also, another factor to consider, is that if you have shared legal custody of your child, all major decisions must be made together with her mother. These factors may determine whether braces at this juncture are appropriate for your child and if you are to be financially responsible for the cost.
Also, if your child is no longer enrolled in school, then the child could considered emancipated for support purposes and, perhaps, your support order should terminate based on the emancipation.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.