Legal Question in Family Law in Virginia

My spouse's previous divorce settlement includes vague language about paying for the children's medical expenses. It says the parents will split these costs, but it doesn't include an end date -- it could be read that they will still be required to pay when the "children" are 40! (One of the children was a minor and the other was 19 when the divorce was finalized.) Obviously, this was poorly crafted -- by an attorney. Is this kind of language enforceable? We don't believe the other parent will agree to amend the settlement (even though it could be to their benefit) and we're wondering where that leaves us.


Asked on 4/21/17, 11:48 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

One approach would be to simply refuse to honor this provision of the settlement on the

grounds that it is too vague and lacking in needed clarity and, if necessary, allow the

other party to attempt to enforce it. ( However, it would seem prudent to notify in

writing the other party of your husband's intent to adopt this approach if a satisfactory amendment to the provision cannot be worked out and to retain a copy of this letter for his record.)

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Answered on 4/22/17, 9:16 am


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