How should I handle orthodontist request?

[papaof2]

What is the name of your state (only U.S. law)? California
I have two custodial children with their re-married mother in North Carolina- I live in California. I just recieved an e-mail from my ex stating she is getting braces for the kids and it will be $9,000. So she is demanding half. Which our dissolution agreement states I'm responsible for half. I'm paying CS now and arrears attached because of unemployment years ago. My job, which is in education, just had cut backs and as of 9/6 I'm working 20 hours a week. I informed her that she needs to discuss these things with me before committing. But.. she is one that will really do whatever she wants whenever she wants to. I don't have $4500. I'm even looking for a car as mine is no longer runnning. I would love to write a check but what sort of recourse should I take? Negotiate more time? Is there any rights I have because she does not discuss these things with me, or are these things not considered? Any help is appreciated.

 

[OHRoadwarrior]

First, I would explain that you cannot afford braces at the moment and unless the orthodontist will send you a written statement as to why they cannot wait for braces, you will not entertain the idea as a necessity. Second, If you receive such a letter, I would advise the orthodontist you are not financially capable of paying for the braces currently and if he accepts the job, he can not expect you to pay half of the charges until your financial situation improves.

That said, if you call the orthodontist and advise him you cannot afford them and ask if there is a reason they can't wait until you can, he will probably agree they can wait. The reason for this, is because the only surety an orthodontist has to make sure he is paid in full, is to not remove the braces at treatments end, pending payment. The only alternative, would be for your ex to pay and go after you later. There are loans that can be utilized to finance the treatment, however, again, they must be paid prior to removal.

 

[mistoffolees]

First, I would explain that you cannot afford braces at the moment and unless the orthodontist will send you a written statement as to why they cannot wait for braces, you will not entertain the idea as a necessity. Second, If you receive such a letter, I would advise the orthodontist you are not financially capable of paying for the braces currently and if he accepts the job, he can not expect you to pay half of the charges until your financial situation improves.

That said, if you call the orthodontist and advise him you cannot afford them and ask if there is a reason they can't wait until you can, he will probably agree they can wait. The reason for this, is because the only surety an orthodontist has to make sure he is paid in full, is to not remove the braces at treatments end, pending payment. The only alternative, would be for your ex to pay and go after you later. There are loans that can be utilized to finance the treatment, however, again, they must be paid prior to removal.

I would go further than this:
1. Ask the orthodontist if they braces are medically necessary or cosmetic.

2. Even if you do need to pay, you probably don't have to pay the money to your ex based on his/her statement that the kid needs braces. You probably only have to pay after the work is done and there's a legitimate bill. We'd need to know the exact wording of the medical / dental portion of your divorce decree though.

Even if you're required to pay in advance, I'd ask for a bill directly from the orthodontist and pay him directly rather than paying ex.

3. With that high an expense, I'd ask for a second opinion.

 

[papaof2]

Orthodontic request...

Thank you very much. This makes great sense. The ex said that the first $1000 is due in December. I do have time to save, but I will contact the dental office directly and work with them on necessity and timeframe.

 

[LdiJ]

Thank you very much. This makes great sense. The ex said that the first $1000 is due in December. I do have time to save, but I will contact the dental office directly and work with them on necessity and timeframe.

The orthodontist most likely has an installment plan available for paying your share of the braces.