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Divorce Lawyers Philadelphia

January 18, 2008

Medical Expenses

Filed under: Uncategorized — admin @ 11:55 am

Where petitioner testified at length as to the manifestations of his son’s emotional problems, treatment by various doctors and counselors, and the remedial educational program in which he had been placed, where the petitioner also testified as to the medical expenses incurred when another son suffered an ankle injury, and where respondent did not call any witness to dispute the nature of these expenses, nor did cross-examination of the petitioner establish any serious dispute as to the nature of the expenses, the petitioner established that the medical expenses were extraordinary in nature and therefore modification of respondent’s obligation to pay child support was granted.
Modification of child support that required the defendant pay medical and dental but not optical expenses for the children was not a breach of discretion.
Trial court properly ordered husband to pay $5,094.35 in medical expenses where it was provided in the original divorce decree that husband was to pay extraordinary medical expenses.
Order allowing wife attorney’s fees and costs for defending the appeal was in error where although the order found that wife was unemployed and had no income of her own, the record disclosed that she held, with her second husband, two joint bank accounts with funds totaling $2,700, and owned a home in joint tenancy, and the order made no finding as the husband’s ability to pay.

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