Ex husband not wanting to pay half of medical bills

[Sweetie]

We live in Mississippi.  

I have physical custody of our 9 year son.  

Divorce paper says ex is suppose to pay half of all medical bills. (even though he hasn't done it yet because he's broke. who ain't broke these days?)

Son failed eye exam at school.  He has had glasses for 4 years now but father says he don't have to have them because "they are not cool".  Nurse at school said get second opinion.  So I did.  Doctor said he needs glasses and will probably for his lifetime.

Now ex is wanting another opinion because he doesn't trust the doctor I used because he is not a specialist.  No one suggested a specialist!  But he wants me to pay half of this.  I don't think we need another opinion.  

1.  Am I responsible if he takes our son to another doctor?  3 doctors have already said he needs glasses.  He has had glasses for 4 years now.

2.  Anything I can do to ex so he will make our son wear his glasses?  He has to have them even though "they may not be cool".  It's in our son's best interest to wear them though.

There is ALOT more to this story.  Just gave the highlights of it.  Never ending battle with my ex.

[socrateaser]

>1.  Am I responsible if he takes our son to another doctor?  3
>doctors have already said he needs glasses.  He has had
>glasses for 4 years now.

I need you to post the exact text of the court order/judgment re legal and physical custody and/or visitation. I don't need to know your parenting plan, if any -- just the wording about who has legal and physical and in what proportion (and any statement about visitation, if it appears).

Also, I need you to post the exact text of the court order re insurance, and unreimbursed healthcare expenses.

Otherwise, I can't answer your questions.

[Sweetie]

The parties have agreed that they shall have joint legal custody of the child with the wife having paramount physical custody of minor child.
Both parties understand that his award obligates the parties to share in the decision making rights regarding the health, education and welfare of the child.

Visitation:
First 3 weekends of each and every month from Fri. 5pm till Sun.5pm.

Chirstmas odd years wife has child for a seven day period beginning at 5 on Dec. 18 ending 2pm Chirstmas day. Husband having child for a seven day period beginning 2pm Chirstmas day ending 5pm Jan.1.  Even years the visitation will be reversed.

Thanksgiving even years wife will have child after school on Wed. before thanksgiving until 6pm Sunday.  Odd years husband will have same.

Spring break, easter, same as christmas and thanksgiving.

Summer visitation husband has 6 weeks visitation during the summer beginning the first Sun. after school is out with wife having visitation every other weekend from 5pm fri. to 5pm Sun.

Mrs. X is responsible for providing health insurance for the parties minor child and each party will continue to be responsible for prompt payment of one half of all healthcare expenses which are not paid insurance.

[socrateaser]

Well, the order is worded rather badly...it "obligates the parties to share in the decision making rights regarding the health...". So, each of you has the right to share in any healthcare decision, therefore, neither of you can make a unilateral choice of a healthcare provider, except in an emergency.

But, the order ALSO says "each party will continue to be responsible for prompt payment of one half of all healthcare expenses which are not paid by insurance," so, if your ex takes the kid to the doctor without your consent, he is techncially in contempt, and you could get a court order reimbursing you for any healthcare costs that he incurs, however, until you do, you are responsible for paying half of those costs to the healthcare provider.

[Sweetie]

OK one more thing.  Is there any way to make the ex make our son wear the glasses when he has him?  He told me tonight (I have on tape) that when he has our son he will not make him wear them because HE doesn't think our son needs the glasses and the doctor is a "country doctor" that doesn't know what he is doing.

This is not in the best interest of the child.  He needs the glasses!   Could the school maybe do something?  I don't know.  He has the paper on file at school saying he is to wear the glasses all the time except during PE and playing outside.

Thanks

[socrateaser]

>This is not in the best interest of the child.  He needs the
>glasses!   Could the school maybe do something?  I don't know.
> He has the paper on file at school saying he is to wear the
>glasses all the time except during PE and playing outside.

Well, assuming that you can show that the child's wearing glasses is in his best interests, then you could get an order instructing the other parent to make sure that the child wears them. However, it will still be difficult to enforce, as you would need an objective third party witness to testify that the child wasn't wearing glasses routinely while in the other parent's custody.