Need claification to the following section of our final settlement agreement in regards to medical/dental
The plantif shall continue to provide and maintain health/medical insurance on said minor child. To the extent not covered by the aforesaid health/medical insurance, including deductibles and co-payments, the parties shall split equally and pay promptly any and all medical, prescription drugs, eye care and optical treatment, psychological, orthodontic and dentale expenses of said minor child, for as long as the periodic child support for the minor child is required to be provided. The paying party shall submit receipts for such uncovered medical expenses to the other, who shall them reimburse the paying party for one-half of all such expenses within thirty days.
Each party shall provide all receipts and records necessary for the other to make necessary claims on the insurance. "Any of the above -said expenses must be reasonable and necessary in the opinion of the physician or dentist rendering such services. If there are any questions as to the reasonableness or necessity of any such medical or dental expenses, the Plaintiff shall, at the Defendant's request, obtain the opinion of an independent physician or dentist and shall be binding upon the Defendant and the Defendant shall be responsible for all costs associated with obtaining that independant physician's or dentist's opinion."
The part in question is the part in quotations. My exwife who is the noncustodial parent of my daughter took her and had braces put on her without my consent or my knowledge. We were moving forward to get braces put on when I lost my job and I told her that it was going to have to wait until I could afford the payments. She did not like having to wait so she went and had them put on her self with a different orthodonist and different treatment plan. She did not make me aware of any of it and she signed the contract on the braces. Also telling the office that we were not in agreement so she was going to do it herself and be the responsible one. Also told them that I was not allowed to any of the information and that I was not allowed to have the braces removed. I had to fax over court documents to prove that I was the custodial parent just to get information on her.
My understanding of our papers is that if she went out on her own then she would be responsible for the cost. She started deducting the payments for her court ordered child support. We did go to court over it and she claimed that I was in contempt of not paying medical bills. The judge ordered her to pay her child support because she was in contempt but as far as the braces told us to work it out and follow the papers. We need claification on the papers and if that is what it means or not.
Thanks for your help.
Answer
The language you have cited is sloppy, and your question cannot be answered minus the part you glossed over (saying I can't pay because I lost my job does not fly). Discuss the details with your lawyer, as he was the one responsible for the language. If necessary he can file appropriate motions and papers for you.
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