Legal Question in Family Law in Virginia
Virginia
Court ordered settlement agreement states that wife maintains health insurance coverage for the children. In addition, unreimbursed medical expenses in excess of $250 per minor child for any calendar year are to be paid directly to the health care provider(s) in the following ratio: According to the parties� respective income shares, which shares as of the date of this Order are, Petitioner: Forty-Six percent (46%), Respondent: Fifty-Four percent (54%).
My question is this:
Is the first $250 of unreimbursed medical expense of $250 paid to wife who maintains health insurance.
Is a modified court order necessary to adjust the respective income shares when the parties income changes - for purposes of this health insurance only.
1 Answer from Attorneys
The first $250 of annual unreimbursed medical expenses are paid by the party having primary physical custody, and the expenses over that amount are to be divided in accordance with income shares.
If the order reads they way you have posted it, there should be no requirement to modify the order when the income shares change.
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