The expenses related to a child don’t start accruing once the baby has been born; no, as you are no doubt already aware, they start piling up from the moment you find out that you’re expecting.
If you and your child’s father are heading towards a separation or divorce, or you aren’t together and are either breaking up or were never together to begin with but are currently pregnant, well, this one’s for you.
It takes two people to make a baby and, up until recently, only one party – the woman – has been responsible for paying the costs associated with her own pregnancy, delivery, and postpartum care, all without even receiving child support. Because petitions couldn’t be filed until the baby is born, many women would wait months after the birth before child support could be established. All that time, they’re paying – solo – for the needs of the child.
Sure, child support in Virginia can be awarded retroactively to the date of filing, but who is waddling down to the courthouse with their hospital-issued disposable underwear diapers and their peri bottles to file for child support? Literally no one. As any new mom knows, it’s usually a couple of weeks (or more) before you can even really leave the house. It’s a surreal time.
No big deal, right? Just par for the course.
Only now, recently, has Virginia changed that law.
Virginia Code 20-49.8 allows the court to require both parties to equitably share the ‘reasonable and necessary’ unpaid expenses for a mother’s pregnancy and delivery. This is a cost – like unreimbursed medical expenses – that is shared pro rata (or proportionally) by the parties. So, if dad earns 70% of the income, he will be responsible for 70% of those expenses.
There are some limitations, though. Specifically:
- You must file for support within six months of giving birth.
- You can only recover ‘unpaid’ pregnancy and delivery costs – meaning, basically, the unreimbursed medical expenses (the part that is not covered by insurance).
- These costs must be ‘reasonable and necessary,’ which should cover any treatment (including, for example, epidurals) recommended by a doctor.
- The division uses the same numbers as provided for the child support calculation.
Because you must file within 6 months of giving birth, time is of the essence – and you may also find that your child’s father doesn’t have this kind of cash on hand. Because child support is retroactive to the date of filing, he will have an arrearage before he even starts. The court may give him a period of time – usually, payable in monthly installments – to come current on the child support obligation, but it may not all be paid at once. (Difficult, I know, when the hospital may not offer you the same courtesy!)
Sure, it’s probably hard to be a guy and to find out that, not only does he owe child support – for when you were pregnant – and he ALSO has to pay a portion of your medical expenses. Especially when he finds out all at once and now he owes several thousand dollars. But, you know – he could have planned for this, too. Just like you did. He could (and will) have to make adjustments going forward, too. Just like you have, and will continue to. So, though you might feel bad about it – and I hear this a LOT – you also owe it to yourself and your child to have the benefit of two parents contributing.
Remember, though: you’re on a timeline. You must file within six months of giving birth. Filing on its own isn’t that big of a deal; you just go down to the court, file petitions, and pay the filing fee. Alternatively, if you hire an attorney, the attorney can do it for you. You will have to appear, usually, twice in court – once for an initial appearance and then, second, for a full hearing (if a full hearing is necessary).
Keep in mind, too, that your child’s father could also file for custody and/or visitation of your child, even if that child is a newborn. Yes, even if that child is breastfeeding. You can – and probably should – introduce evidence or maybe even an expert to testify that this kind of visitation arrangement isn’t ideal for a child so young. It’s possible (and probably even likely) that you and your child’s father will reach an agreement and not have to go to court, but you’ll want to start working through those issues sooner rather than later.
For more information, to schedule a consultation, or to grab a free copy of our custody guide for Virginia moms, feel free to check out our website at hoflaw.com or give us a call at 757-425-5200.