I am required to pay half of my child’s medical expenses; however, I insure the child and have repeatedly asked for my ex to change doctors.
He is being over-medicated for his ADHD, he sees multiple therapists and she takes him to the doctor for every little thing. What can I do?
In Maryland, the court that entered the order would have specified whether you were responsible to pay for half of “ordinary” medical expenses or half of your child’s “extraordinary” medical expenses.
The statutory law gives a definition for what is included in each type of medical expense category. Therefore, if Mississippi law is similar to Maryland law, you may have some relief based on what your child support order actually requires you to pay.
Additionally, depending on who has legal custody of your child, your opinion about the doctor your child is seeing could be relevant. In Maryland, you could possibly file for a modification of child support based on the change in your child’s medical needs from the time the order was entered.
In general, you may have several issues that could warrant a modification in child support, or possibly even legal custody, based on the medical needs of your child. You could also potentially file for modification of legal custody based on whether your child’s mother is making decisions in the best interest of the child when it comes to his or her medical care.
These are all factors that you would need to speak with an attorney in Mississippi to determine the state laws and your rights. It would be in your best interest to have an attorney in Mississippi review your original child support order to see what legal grounds you have based on Mississippi law. This may allow you to make a request for modification in legal custody and decision-making, in child support or both.
Please understand that my advice is only based on the information you briefly provided me in your question. I am providing you with general advice that you can use to decide if you want to pursue your issue further. I strongly encourage you to contact an attorney who is licensed in Mississippi to obtain legal advice that is relevant to Mississippi laws and how they apply to your specific case.
Mat Camp is a former Lexicon Services Online Editor, who focused on providing a comprehensive look into all aspects of the divorce experience. On MensDivorce.com, he concentrated on issues, such as parenting time, custodial rights, mediation, the division of assets, and so much more.
Mr. Camp used the wealth of experience of Cordell & Cordell attorneys to bring tangible answers to reader questions in Ask a Lawyer articles, as well as offer a step by step process through the divorce experience with Cordell & Cordell Co-Founder and Principal Partner Joseph E. Cordell in Divorce 101: A Guide for Men.
Mr. Camp used thorough research to highlight the challenging reality that those who go through divorce or child custody issues face. He helped foster the continued success of the Men’s Divorce Survival Guide, the Men’s Divorce Podcast, and the Men’s Divorce YouTube series “Attorney Bites.”