REBECCA A. HENDERSON F/K/A REBECCA A. LYONS, APPELLANT,
v.
STEPHEN G. LYONS, APPELLEE

Fla. 2d DCA | 2012-06-13
No. 2D11-1884
ALTENBERND and VILLANTI, JJ„ Concur.
89 So. 3d 1109 Florida District Court of Appeal, Second District (2012)

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Synopsis

Rebecca Henderson appealed a trial court's denial of her request for child support contribution toward psychological counseling expenses for the parties' minor children. The appellate court reversed, holding that psychological counseling expenses constitute medical expenses subject to shared parental responsibility under the divorce judgment's inclusive language regarding "medical and dental expenses," and remanded for reconsideration.


Holding

Psychological counseling expenses are medical expenses that may require contribution from both parents. The Final Judgment's inclusive language defining "medical and dental expenses" with examples was not exhaustive and did not exclude psychological counseling. The trial court erred in denying contribution solely because counseling was not expressly mentioned in the judgment.


Headnotes

[1] Psychological counseling expenses for minor children constitute medical expenses for which a parent may be required to contribute.

[2] A final judgment's list of "medical and dental expenses" is not necessarily exhaustive and may include other reasonable medical costs not explicitly enumerated.

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Key Quotes

“A parent's responsibility for a child's medical expenses includes those expenses incurred for reasonable psychological care.”

Establishes the legal principle that psychological care is a recognized medical expense for which parents share responsibility.

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Facts & Procedural History

Rebecca Henderson and Stephen Lyons were divorced in 2006 with two minor children. In 2010, Henderson filed a motion for civil contempt alleging Lyons…

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Opinion of the Court
CASANUEVA, Judge.

CASANUEVA, Judge.

Rebecca A. Henderson (the Former Wife) appeals an order on her motion for civil contempt in which the trial court denied her request for contribution from Stephen G. Lyons (the Former Husband) for psychological counseling for their minor children. Because psychological counseling expenses are medical expenses that may require contribution dependent upon the facts and circumstances of each case, we reverse and remand for reconsideration of this issue. We affirm on all other issues raised without comment.

The Former Wife and Former Husband were divorced in 2006. There are two minor children from the marriage. In 2010, the Former Wife filed a motion for civil contempt, claiming that the Former Husband had failed to pay his half of psychological counseling and optical exams for the children. After holding a hearing *1110(at which the Former Husband did not appear) the trial court denied the motion for contempt. It found that “[n]o provision is made in the Final Judgment for counseling expenses,” and so it denied the Former Wife’s request for contribution towards those expenses. With regard to the optical exams, the court determined that the Former Husband’s conduct did not rise to the level of contempt “provided he makes [a] payment [of his half, $160.50,] within 10 days of this order.”

On appeal, the Former Wife argues that the trial court erred in holding that she could not obtain contribution towards psychological counseling expenses. Insofar as the trial court ruled that a contribution was not obtainable because the court had not expressly discussed them in the final judgment, we agree that the trial court erred.

A parent’s responsibility for a child’s medical expenses includes those expenses incurred for reasonable psychological care. See Engar v. Raizin, 525 So.2d 470 (Fla. 4th DCA 1988); Sulman v. Sulman, 510 So.2d 908 (Fla. 4th DCA 1987). And in this case, the final judgment does not limit that general principle. The pertinent part of the final judgment is as follows:

[Aside from the children’s medical and dental insurance premiums and deductibles, for which the Husband is solely responsible,] Husband and Wife shall share equally all other reasonable medical and dental expenses incurred on behalf of either of the two children. For purposes of this Judgment, the term “medical and dental expenses” includes pharmaceutical expenses, non-emergency dental care, orthodontic treatment, eye examinations, and eyeglasses.

The final judgment used inclusive language to provide examples of what constitutes “medical and dental expenses.” However, the language did not suggest that the list was exhaustive. Further, the marginal examples included demonstrate that the list was not meant to exclude all other possible medical expenses. Lastly, had the trial court meant the list to be exhaustive, it would have been in derogation of the law established in Sulman.

Although we reverse the trial court’s ruling that counseling expenses are prohibited by the final judgment, we recognize that “the father has a right to contest the necessity and reasonableness of the services in issue and his ability to pay for those services.” Sulman, 510 So.2d at 909. On remand, the trial court shall reconsider the psychological counseling expenses and provide the Former Husband the opportunity to contest the reasonableness and the necessity of those expenses, if he so chooses.

Affirmed in part, reversed in part, and remanded with instructions.

ALTENBERND and VILLANTI, JJ„ Concur.


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