Are reimbursements for child medical care required?

Wondering if you're legally required to pay for your child’s unpaid medical expenses? This article explains how Virginia law handles reimbursements for child care, what qualifies as necessary, and how courts divide the cost between parents.

Many clients often ask, “Am I legally obligated to reimburse the other parent for our child’s unreimbursed medical expenses?” The answer lies within Virginia child support laws, particularly Virginia Code § 20-108.1 and § 63.2-1900. In this article, we explain when reimbursements for child medical expenses are legally required, what qualifies as “reasonable and necessary” care, and how courts determine each parent’s payment responsibilities.

Understanding Cash Medical Support in Virginia

Under Virginia Code § 20-108.1, courts have the authority to order cash medical support for dependent children if it is deemed reasonable. According to § 63.2-1900, cash medical support is the proportional amount both parents are expected to contribute toward unreimbursed medical or dental expenses. This is further outlined in subsection D of § 20-108.2.

Two key factors determine if reimbursement is required:

The obligation must be proportional to each parent’s income
The expenses must be reasonable and necessary

Proportional Responsibility Based on Income

Courts generally assign reimbursement based on a pro rata share, calculated using each parent’s income. For example, if one parent earns 70% of the combined household income, they may be required to pay 70% of the qualifying medical expenses.

What Is Considered Reasonable and Necessary?

This is often the most contested issue in court. For an expense to be reimbursed, it must be both reasonable and medically necessary. Examples include:

✅ Reimbursable Medical Expenses:

Routine medical checkups
Prescriptions from a licensed doctor
Emergency medical treatment
Orthodontic care (e.g., braces)
Psychological and psychiatric treatments

🚫 Non-Reimbursable Medical Expenses:

Cosmetic procedures
Alternative treatments without medical recommendation
Duplicative or excessive treatments

How to Handle Disputes Over Medical Expense Reimbursement

Legal disputes over reimbursement for child medical expenses in Virginia don’t have to be stressful. If reimbursement has not been previously ordered, a parent may petition the court to issue an order. In more serious cases, a show cause action may be necessary to compel payment from a non-compliant party.

Important Note:

A court cannot order reimbursement for medical costs that have not yet been paid. Therefore, if you’re requesting repayment, be sure to:

Pay the expense in full
Maintain documentation (invoices, receipts, and medical records)
Provide copies to the other parent

Need Legal Help with Child Medical Reimbursement?

If you’re dealing with reimbursement issues or want to ensure expenses qualify under Virginia child support law, speak with an experienced attorney. At Waltrip & Campbell, PC, we have helped many clients navigate complex family law cases, including child custody and support matters.