Legal Question in Family Law in Virginia

DCSE & medical bills

I have health insurance on my kids, and my ex is court ordered to pay half of all out of pocket expenses. Because I pay the full premium, I took a $5000 deductible and no coverage for the dentist or optomotrist. Right now I have a bill over $1000 for an emergency room visit that went toward the deductible. Plus my son needs glasses.

How do I go about making DCSE aware of these bills? Can I send copies to them or do I have to go back to court even though reimbursement is already in the court order? My ex and I have no contact beyond court.


Asked on 9/13/06, 3:16 pm

1 Answer from Attorneys
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: DCSE & medical bills

I'm afraid you do have to go back to court and file a Show Cause warrant so he can show cause why he shouldn't be held in contempt of court for failing to obey the Court Order.

Leave DCSE out of it. If the Judge finds an arrearage he'll add it to the amount and make them collect it. The hearing of course has to be scheduled on a DCSE day in that particular court.

This all supposes that you presented the payment to him. The law doesn't distinguish why the expense was uncovered as long as it is necessary and the expense is reasonable.

I advise my clients this way: if you pay the bill then show him the bill (after insurance has paid their part) and proof of your payment. Send it certified mail so he has to sign for it. The rule is that he pay his share of all such presented medical expenses to you 30 days after presentation. Like any other non-payment he should be Show Caused after the 2nd missed payment.

Court is a necessary evil to enforce its orders. You'd be surprised how quickly they find the money when jail becomes a reality.

Good luck.

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Answered on 9/13/06, 11:07 pm


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