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-   -   S.7 Braces once CS is over (https://www.ottawadivorce.com/forum/showthread.php?t=23463)

Lolita123 01-27-2021 11:32 AM

S.7 Braces once CS is over
 
I have 2 questions


1- For a child who is over 18 and not in school for which CS is over, is there still an obligation to pay for braces?


2- What about if the treatment starts when the child is 18 but still in school for like a month and then CS stops because they are not going to Post-secondary?


I know that nothing disallows the payment even if CS is over but I am looking for the legal aspect Reason being is that this is being discussed for my SD but, we are not in a position financially to pay the entire bill. We have insurance but not the mom since she's not working she also as a common-law partner who has insurance but does not want to put the daughter on his insurance as per what the mom says The daughter wants to do it with Smile direct Club but we feel that she should consult a real orthodontist. Going with Smile Direct club is cheaper but not covered in any way by insurance and we don't trust that based on reviews we read. Real braces would be close to $6500 but only $2500 covered by insurance. Also this is purely cosmetic.


Basically we want to help but want to know what the legal obligation is versus helping her with what we can. She also is not going to PS right away since she wants to work so we feel like she could also chip in and perhaps get a job with insurance


I personally had braces has an adult since my parents could not afford it either so it sucks but sometimes it's reality.

Alpinist 01-27-2021 12:26 PM

Many insurance plans do not cover braces for children over 18. I would get an estimate from the insurance companies, specifically asking if braces for children over 18 is covered. Most don't cover Smile Direct also as there is no direct treatment from a dentist. If your daughter is not in school and is working for sure she could contribute a portion.

Insurance companies all have their specific coverage when it comes to braces. For example, some will cover braces only if the treatment "began" prior to a specific age. I would look into the coverage.

Lolita123 01-27-2021 01:35 PM

Quote:

Originally Posted by Alpinist (Post 245051)
Many insurance plans do not cover braces for children over 18. I would get an estimate from the insurance companies, specifically asking if braces for children over 18 is covered. Most don't cover Smile Direct also as there is no direct treatment from a dentist. If your daughter is not in school and is working for sure she could contribute a portion.

Insurance companies all have their specific coverage when it comes to braces. For example, some will cover braces only if the treatment "began" prior to a specific age. I would look into the coverage.



My insurances does cover until they are 21.. 25 if in school.. so that is not the issue.. .also they do NOT cover direct smiles


My question is more if the mother no longer qualifies for CS cause the child is over 18 and not in school, can she legally expect us to pay for the braces or pretty much it would be a nice thing to do on our part


Don't get me wrong, we do want her to have braces but right now, given the situation of the mom's common law partner of 10 years not covering the daughter on his insurance and also her not working makes it that it would be too much financially for us at this time.

Alpinist 01-27-2021 01:39 PM

Unfortunately I'm only versed on the insurance side of it, so hopefully someone else can help you with that question. I have kids in braces right now and know they can be pretty costly!

Janus 01-27-2021 01:57 PM

If a kid is no longer a child of the marriage, then all obligations cease. This would include payments for braces.

Now, if the treatments were started when the child was still a dependent, that's an interesting case. I'm not sure! I'm actually going to guess that both parents are still required to pay. The decision was made while the parents were still financially responsible for the child, and they might not be able to arbitrarily change their minds.

Think of it as the entire obligation was incurred the day the braces were put on, but you are still paying off that debt over a few years.

rockscan 01-27-2021 02:12 PM

The bigger question may be is this a need or a want.

Does kid NEED braces to function or is it a WANT for straight teeth?

If kid just wants braces then you could say no especially if it isnt covered by insurance.

Truly the onus would be on the recipient to prove it is a legit section 7 expense and then fight for the share. The other side would argue moms partner should have the kids on their benefits and the legal costs then outpace the braces.

Just my opinion though!


Sent from my iPhone using Tapatalk

Lolita123 01-27-2021 03:10 PM

Quote:

Originally Posted by rockscan (Post 245062)
The bigger question may be is this a need or a want.

Does kid NEED braces to function or is it a WANT for straight teeth?

If kid just wants braces then you could say no especially if it isnt covered by insurance.

Truly the onus would be on the recipient to prove it is a legit section 7 expense and then fight for the share. The other side would argue moms partner should have the kids on their benefits and the legal costs then outpace the braces.

Just my opinion though!


Sent from my iPhone using Tapatalk


yeah I feel the same way.. it's a want I am afraid that the mom is trying to get this rolling ASAP so that it does happen before CS is over.. which will most likely be very soon like in 5 months I mean it's not like there was a change to her teeth overnight plus, my ex called the dentist to ask their opinion etc.. and found out that they switched dentist and that she owes over $1,300 to the dentist!


but again, we are not saying no to his daughter but not right now and will need to see where things are at in 1 year


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