Legal Question in Family Law in Virginia
Paying back medical bills as Child Support
In a dispute over child medical bills, a 90 day sentence was suspended with a court order requiring payment of back medical bills incurred for children which needed to be paid within 90 days. No specifics were given on whether the payment should be over the 90 day period or at the end of the 90 day period. If specifics were given, they were not given to the individual. The individual has only been able to raise half the money.What is the probability of serving jail time if the entire amount cannot be raised by the next court date? The child support system records seem to be inaccurate or else are not updated timely and at various times it appears to have the individual in arrears, when actually payments have been made, and in reviewing numbers, it appears more money has been paid than actually should have been based on how tax refund money was handled through the system. The immediate question is avoiding jail to be able to continue to attempt to keep up with bills but also if it is even possible to get some type of audit of child support records to clear the consistent appearance of default. Surely there is a process to assist the payor of child support in verifying payment records in the support system?
1 Answer from Attorneys
Re: Paying back medical bills as Child Support
Yes accounting is a major part in any child support case. Remember, the burden is always on the payor to prove he made payment not the payee to prove she got them. The Division of Child Support Enforcement keeps great records in cases they are involved in.
The payor should have receipts for everyting he's paid and present them to the judge in the arrearage case.
Medical bills need to have been put through insurance before they are charged against he non custodial parent. The law requires payment of UNCOVERED medicals. Make sure insurance has been passd through first.
If you are show caused to pay the medicals or suffer contempt, then you have to prove the medicals dont exist, or havent been submitted to insurance or else you have to pay them. I assume there is a court order to do so. Judges arent kidding when they say pay this by this date or go to jail.
If the Judge said to pay them within the 90 days then paying it on the 90th day is fine. I assume by this point the judge has already heard evidence on what was owed and has ruled on an amount. If he has not then you produce evidence as to the correctness of the bills in controversy.
Good luck.
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