During your child’s routine dental appointment, their dentist may strongly recommend that they get braces. Though you may have anticipated this day to come eventually, you may still not be prepared for this additional medical expense. With this, you may wonder if your child’s noncustodial parent is equally responsible for covering this cost. Well, continue reading to learn whether your child support order can cover the cost of your child’s braces and how an experienced Bergen County child support attorney at McNerney & McAuliffe can help you acquire financial support at this time.
Does child support cover braces in the state of New Jersey?
In short, it is unlikely that your child support will have your former spouse paying for the total cost of your child’s braces. This is because, according to the New Jersey Child Support Guidelines, a receiving spouse may only receive up to $250 per year per child for unreimbursed medical expenses, which includes dental expenses. Therefore, $250 may not be nearly enough to cover your child’s braces.
So, as for the remaining balance for your child’s braces, you may need to refer back to your standing child support arrangement. Here, you may need to identify whether there are predisclosed agreements regarding who must pay for the remainder of unreimbursed medical and dental expenses, and how much. If no such clauses exist, you may have to go back to the New Jersey family court that handled your initial divorce proceedings. Here, the court may evaluate varying factors to determine your and your spouse’s financial capabilities for covering your child’s braces.
How can I have my former spouse help pay for my child’s braces?
In the presence of the New Jersey family court, you must provide a convincing case to have your former spouse substantially contribute to covering your child’s braces. First, you may have to demonstrate that your child absolutely requires braces to begin with. That is, the court may not place this financial obligation onto your former spouse if your child simply wants braces out of vanity. Rather, they must have an official prescription from their treating dentist and/or orthodontist.
Secondly, you may have to provide clear evidence of how much you are realistically able to dedicate toward your child’s braces. This may be accomplished by supplying copies of your child’s other medical bills from the past year. This may be supplemented alongside that of your other shared children. Also, you may have proof of your annual earnings compared to your annual household expenses, and more.
If you find yourself at a crossroads, please seek the sound advisement of a skilled Bergen County family law attorney. Someone at McNerney & McAuliffe will stand by your side at a moment’s notice.
