Earlier this month, an appellate court issued a written opinion in a California divorce case requiring the court to determine if the husband was responsible for half of the children’s medical expenses not covered by insurance. The court ultimately held that, pursuant to the agreement entered into between the husband and wife, the husband was responsible for half of the expenses. Furthermore, since the trial court awarded full custody over the children’s orthodontia care to the wife, the husband had no say in obtaining the care.
The husband and wife were married in November 1996. They had two daughters during the marriage and filed for divorce in 2009. Both the husband and wife heavily litigated many issues during the divorce proceedings, and the overall environment was very contentious. Eventually, the husband was determined to have defrauded the wife, and a court ordered that he pay nearly $450,000 to the wife as a result. The agreement awarded joint legal custody to both parents and required the husband to pay child support and half of all medical expenses that were not covered by insurance. There was no order for spousal support.
At some point in the proceedings, the wife petitioned the court for sole legal custody because the husband was refusing to pay for the children’s orthodontia care. The trial court awarded the wife full authority over the children’s orthodontia care and ordered the husband to pay for half of the expenses not covered by insurance.