Orange Park, FL asked in Family Law and Child Support for Virginia

Q: My support order includes 75% of medical bills. I am getting billed $500 plus a month- it's a struggle. Modification?

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1 Lawyer Answer

James H. Wilson Jr.

PREMIUM
Answered
  • Glen Allen, VA
  • Licensed in Virginia

A: Child support orders in Virginia can be modified upon a threshold showing of a material change in financial circumstances. A child support order will normally include responsibility for a parent's income share of medical bills not covered by health insurance. It is not clear from your question why insurance does not cover such a large amount of out of pocket medical costs, and whether significant medical expense was known when child support was last determined. When child support is determined by the court, a party can argue for a deviation from the presumptively correct amount based on certain factors.

You should discuss with an experienced Virginia family law lawyer whether you have sufficient grounds to demonstrate a material change in circumstances justifying a change in support.

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