QUESTION

Who pays the first $250 in reasonable and necessary medical expenses?

Asked on Nov 21st, 2014 on Child Support - Virginia
More details to this question:
Court order reads as follows: pursuant to section 20-108.2 D of the code of Virginia. 1950,as amended, any reasonable and necessary unreimbursed medical or dental expenses that are in excess of $250 for any calendar year shall be paid in the same ratio as the parties incomes, to wit:38.8% for the Petitioner and 61.3 for the respondent. Who is responsible for the first $250?
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
Until July 1 of this year, the custodial parent was responsible for the first $250 per year per child of unreimbursed medical expenses, with anything above that being divided according to the parties' income.  However, as of this year, the law just changed to remove the first $250 provision and the parties now split ALL unreimbursed medical expenses according their proportion of the total income. It sounds like your court order failed to be clear about this and falls into a gray area, so it depends on when it was entered.  If your court order was entered before July 1, 2014, then the custodial parent should pay the first $250.  If after that date, then the parties divide it.    This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
Answered on Nov 23rd, 2014 at 3:18 PM

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