College Costs for Children of Divorce

In both North Carolina and Virginia, Courts cannot order that a parent pay for a child's college education unless that parent had agreed to do so in a separation agreement or court order. Once a parent has obligated himself or herself to pay for college expenses, however, a court may then enforce that agreement.

Child support ends once a child reaches eighteen. A child still enrolled in high school may continue to be supported until age nineteen (Virginia) or twenty (North Carolina). Each state also has provisions for child support for a disabled child who is incapable of self-support.

Child Medical Expenses

Under Virginia law, uncovered medical expenses are typically divided pro rata, in proportion to the parents' income. If you make $4000 a month and your ex makes $2000, you will pay two-thirds of uncovered expenses over $250 per child per year. Many parents make their own arrangements, such as just following a pro rata formula or simply dividing the bills fifty-fifty.

It is imperative for the person seeking reimbursement to keep the bills for which reimbursement is sought. Although it may not be technically required, I advise my clients to provide the receipts to the other parent. It makes sense to deal with these issues in a timely fashion, both on the part of the reimbursing parent and the parent seeking reimbursement. Every year, we have a case where the medical co-pays and other uncovered expenses are sought to be recovered across several years. It creates a problem of proof if those receipts were not kept and are no longer able to be obtained.

Child Support Guidelines

Child Support, in both North Carolina and Virginia, is typically decided by guidelines. For families with very high incomes, the guidelines may not apply. While judges do not have to follow the guidelines, they often do. If the judge deviates from the guidelines, an explanation of the legal reasoning is usually provided by the judge.

The most important factors for the guidelines are each parent's income, the cost of daycare for a parent to work, and the cost of health insurance for the child. In Virginia, spousal support received is added into the dependent spouse's income and deducted from the payor's income. In NC, alimony paid between the parties to the child support case is not considered.

If the parents have shared custody or split custody, there are alternate formulas to calculate child support.