Legal Question in Family Law in Virginia

Health copays

I have joint custody of my child with me having primary residence. I have her 4 days and her mother has her 3 days. A majority of time I have her 5 days a week. I pay her child support. I pay for my child's health insurance and everything else. In our most recent custody papers the only thing mention about uncovered medical expenses is that I pay 57% over $250. Who pays the first $250? I am willing to go 50/50. She refuses to reimburse me for anything. She states me and current wife are to pay for everything. We do pay for everything because she contributes nothing. We buy all of the childs clothes for both homes, pay for school lunches, school activities, insurance, sport fees, and the list goes on and on.

I also when we took the child to get an xray her mother had a collection debt from several years ago that I had to pay before getting an xray. She refused to reimburse us for the collection. I took it out of her small child support check. Now she says that she is now going to go child support enforcement. In 7 years have always paid her child support on time.


Asked on 5/02/08, 9:10 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Health copays

"Who pays the the first $250", you ask? Without reviewing the exact language of your recent custody case papers or previous orders and/or the property settlement agreement which was presumably incorporated into your divorce decree, how could anyone say?

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Answered on 5/02/08, 10:10 am

Re: Health copays

Your Final Decree or Property Settlement Agreement would control the issue of unreimbursed medical expenses. If they are silent on the matter, the stronger argument would be that the party who pays for the insurance (and receives the credit for same in the guideline child support calculation) also pays the first $250 in unreimbursed medical expenses each calendar year. After that, if you incur further expenses, present the statement to her and identify her share of the bill. If she refuses to pay you within a reasonable time, file a Petition for a Rule to Show Cause.

It is not proper for you to deduct expenses from your child support obligation - you're punishing the child for the mother's belligerence. If you've paid a debt on her behalf to ensure the child receives necessary medical care, present the matter to the court for consideration.

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Answered on 5/02/08, 2:10 pm


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