Am I responsible to pay for my son's glasses if the court orders me to pay medical?

Question

My ex-wife called and demanded I pay 80 percent of my son's glasses. I told her I would pay half and she said i needed to pay more. I'm just curious if vision is considered medical. I will pay what I have to pay for my son to be able to see, however, she consistely threatens to take me to court for everything. I pay exactly what I'm supposed to and much more. I'm just curious what the law is. Thanks for your advice. Oh i live in NY.

Answer 1

I think the other answers did a good job of answering what portion you are required to pay for in the divorce decree. But I will add, that if say vision and dental are not specifically mentioned in the decree, than a common definition used by a court to define "medical expenses" is (and I won't add all the other legalese that goes with this) roughly anything necessary to return the body to functional status. So, what would be required in this situation would be whatever is necessary to return your son's vision to "normal." But you should remember, this doesn't mean that you have to pay whatever your wife tells you to pay. For example, if the cost of glasses is say $100, but she picks out a designer pair (without your consent) for $200. You are only required to pay your share of the item that is "necessary to return the body to functional status." So, in this case if your share was 80 percent, than $80.

Now with that being said, by all means if its your son that wants the item (designer glasses) and not your wife's doing, talk to your son about the value of money, etc (however, if the basic glasses look ridiculous, don't let the poor kid go around looking silly.)

Answer 2

Read the Decree again. The ones with which I am familiar say the parties are to split any unpaid or uncovered medical expenses.

I strongly suspect the Court would consider corrective lenses a medical expense even though not covered by insurance. If it is more than corrective lenses, like some eye disease, then the court would definitely consider it medical, and the insurance should also.

** Note: This answer has not created an attorney-client relationship. This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Answer 3

Yes, glasses are considered medical - so it would be covered under the percentage you per your decree.

For example my decree says I pay 60% and ex pays 40%. So if they said they were $100....I would pay 60 and he would pay 40.

I don't think you are trying to get out of paying for you son I think you are just tired of your exwife nickel and diming you and threatening. This is why we have divorce decrees and child support orders.....it covers these silly little scenarios.

Answer 4

You aren't legally responsible. Vision coverage is separate from medical, just like dental. I know, because I have been in this situation being a child with the separate coverage's from parents insurance policies.

You are morally obligated to pay in my opinion. I think 50/50 is definitely fair since you already provide her the court ordered support.

The people giving you grief on here just have cold hearts or haven't lived in a broken home. I did and my mother was very fair to my father. You are a good father, keep it up.

Answer 5

I think it depends on your decree. Mine states i pay for "health" insurance and then 50% of anything that insurance don't cover and this includes vision and dental, but i carry all 3 just to be safe and save money since those are cheap programs to be in.

So i guess it would really depend on how your decree is worded.

Answer 6

If vision isn't medical, what is it? Was there a separate category for Optometry? Or even dentistry? If you didn't specify in the decree, I would assume the court intended that glasses would be under medical. You want your son to be able to see right?

Answer 7

It's medical as far as I know.
Maybe next time just take your son for eyeglasses yourself.
It's got to s*ck to have an always threatening ex. good luck
and unusual choice of avatar.

Answer 8

Yes vision is considered medical.

There is no legal liability other than the divorce agreement you are bound to. You have stated that you are responsible for your sons medical expenses so yes, under the contract you are required to pay for glasses.

Answer 9

What kind of an *** doesn't take care of his son to spite his wife.

You're a real winner.