Legal Question in Family Law in Virginia

My ex husband and I agreed to a non-contested separation. In that separation, it stated that we go HALF on out of pocket expenses for our children's medical and dental care. We got our paperwork notarized at a bank. He did the legwork and filed for a divorce and when I was sent a copy of the decree, it stated that (and I'm paraphrasing) "both parties will be responsible for expenses over $250, proportionate to their income." It is a bit ambiguous because what is the split if it's under $250 and also, how do you figure proportionate? My question is, can the law firm that wrote this decree up, deviate from what we agreed to in our separation and call it legal when I/we did not agree to their wording? Thank you.


Asked on 10/24/11, 11:28 am

1 Answer from Attorneys
Paul B. Ward Law Offices of Paul B. Ward

Looks to me like an error on the part of the law firm, which substituted the statutory language to be used in the event the agreement does not contain language on out of pocket medical and dental expenses. They should prepare and file an amended final decree.

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Answered on 10/25/11, 7:20 am


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