Legal Question in Family Law in Virginia
I am the CP of my 13 year old daughter. The NCP is responsible for 50% of unisured medical costs. My daughter is due to get braces on 10/2/2010. The down payment is $1789 and then 20 monthly payments of $145. I contacted him about this in advance to let him know. I also asked him to help w/o court. I asked if he would pay half of the down payment and then half of the monthly payment, and send directly to the orthodontists office. He flat out refused to pay anything. Even suggested she didnt need the braces and needed to see proof that they are medically necessary. I spoke with DCSE, who said To certify mail the bills to him and give him a chance to pay them on his own. And if not..then file it with the court and get a new order with the total he is to pay and then they can help inforce the order. They say they can not inforce and order w/o a dollar amount. Is this all I can do?? I live in NC and the NCP lives in VA. Our original order was done there and since he still resides there, we left the order there. Can I transfer the case to NC?
2 Answers from Attorneys
Yes, you could domesticate or register the Virginia decree/order
in the appropriate N. Carolina court but if the none custodial parent
continues to reside in Virginia that would make little sense since he's not subject to the jurisdiction of North Carolina.
The course of action recommended by DCSE is the way to proceed,
and if court action is necessary, i.e., Rule to Show Cause, it would help if you could engage the services of the same attorney who represented you in the Virginia divorce action(assuming that you had one) to file the action for contempt.
Child support will normally be heard where non-custodial parent resides unless there was prior order in jurisdiction where you live now. There are exceptions. Always look to prior order "words" . Those will control. I would think Child Support Agency knows best. But, if the last order did not specifically include braces, he may win argument. I would think you would have to file a motion first to modify and then have her see doctor. I am not one hundred percent certain. Would have to research whether the law is now stating this as included in uninsured medical costs. Sheryl Shane, Attorney at Law. Web: www.sherylshanelaw.com.
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