Following up on the mention of the issue earlier this month, “Virginia is on the verge of substantially increasing child-support obligations for the first time since 1988. But the proposed increase, which recently passed a legislative committee as a bill called HB 933, would result in excessive obligations for many parents, more unpaid child support and more jailings for nonpayment at taxpayer expense. Some noncustodial parents already pay more than 50 percent of their income in child support.” [Hans Bader, Richmond Times-Dispatch]
In an email, Bader adds:
Often, laws contain provisions that seem to be for the benefit of lawyers rather than the people.
Such is the case for one provision in the child-support bill HB 933, which will result in divorced parents fighting each other over pennies.
Right now, the custodial parent pays the first $250 annually in unreimbursed medical and dental expenses, rather than each co-payment and out of-pocket expense being divided up based on the parents’ share of combined income. But this $250 ceiling will be reduced to zero under the bill HB 933, which may result in angry parents fighting each other over as little as $10 (in some cases, with the assistance of a lawyer, in many other cases, without any lawyer at all), in order to try to get their ex jailed for contempt for not paying their share of the $10.
Certified mediator Diane Poljacik writes in an email (excerpted):
One of the reasons the $250.00 ceiling on health, dental and vision costs was put in place is said to be due in part to a number of frivolous show cause failure to comply motions being filed by the custodial parent against the noncustodial parent for not immediately reimbursing the other parent a $10.00 (or some other ridiculously low figure) co-pay (so called “nickel and diming” the other parent). This happens more often in cases where parents are constantly at war with each other. Removal of this provision could end up playing right into this by enabling warring parents to use this as just another way of trying to get the other parent jailed for contempt. …
If this provision is removed and show cause motions increase, it could potentially create a further burden for court dockets that are already overburdened. … No data has been presented thus far that states the judges are asking for this to be removed.