Legal Question in Family Law in Virginia

i am married and living with wife and together we have 2 kids. also i have physical and sole custody of my son from a previous relationship. i have a family medical plan through my employer that covers all 3 children, my wife, and myself. my health plan options were employee only, employee + 1, or employee + 2 or more. dcse is saying that since my plan makes no distinction in cost for me providing coverage for my son that my ex will not be ordered to reimburse me any of my cost for health coverage therefore it will not be factored into the amount she is ordered to pay. on the other hand when she had custody and i had the same family plan but different dcse office in va i received a deduction to the order for my cost of covering him. which office is correct, should the order reflect some type of deduction or credit for medical coverage when the child is on a family plan?

Asked on 3/08/12, 10:21 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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0 attorneys agreed

These are obviously differing interpretations of two DCSE district

offices of the rules governing this particular issue under the Virginia Child Support Guidelines.

Consequently, your question should be directed to DCSE headquarters

in Richmond and to the folks there who deal with policy matters as to

which interpretation is correct.

Answered on 3/09/12, 7:37 am

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