Legal Question in Family Law in Virginia
Unclear
In my Child support order, it states
The respondant shall pay 50% of all unreimbursable, necessary medical and dental bills not covered by insurance in excess of $250 for each calendar year.
My question is:
This can be read that any medical bill under $250 is a reasonable expense but over $250 it becomes excessive and it should be shared. And the remark of each calender year prevents one person form saving bills for years and years then asking for them to split which would cause problems.
or
My ex says it means that I have to pay the first 250 and thereafter bills are split?
I don't see how that can be what they meant by that since a $1000 medical bill would be split by me paying $250 the 50% of the remainder, giving me the burden of the bill.
Please, please , please give me the answer.
Thank-you
2 Answers from Attorneys
Re: Unclear
According to what you have presented, your ex-Husband's interpretation is likely the correct one. Anything over the initial $250 of unreimbursed medical expenses each year is to be split 50/50. For additional information, please call one of our attorneys at 703-777-7319. Thank you.
Re: Unclear
With all due respect, from what you have told me, I think both of you are wrong. Lets see... my reading of this is the following (and keep in mind, I'm not a judge, thats the only persons interpretation that counts): you have to pay one half of any medical bill not covered by insurance if the bill is over $250.00. The $250 limit has nothing to do with being unreasonable or excessive, it has to do with it being too big of an expense for your ex. If your child breaks their arm and for some reason insurance doesn't cover, the bill is going to be far in excess of $250.00. Say that its $2k. Your ex will pay $1k and you would pay $1k. I think your reading of the calendar year may be correct. This would be my reading of your clause. Some other attorney might read it differently and I'd be lax in my professional responsibility if I didn't advise you that a second opinion would be beneficial.
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