Does the noncustodial father’s child support obligation extend to paying for orthodontic treatment or braces in Virginia?
In Barrett v. Kantz, Record No. 2506-09-1, http://scholar.google.com/scholar_case?case=9518089267098094940&hl=en&as_sdt=2&as_vis=1&oi=scholarr the Court of Appeals of Virginia, ruled that child support can be modified to include orthodontic expenses if such expenses are reasonable and necessary. In Barrett, the parties were divorced in Virginia after twelve years of marriage. The father was awarded primary physical custody of the two children of the marriage for the first four years after the divorce, until the court ordered a change in primary physical custody to the mother due to visitation conflicts. By an agreement of the parties, the mother would not receive child support for a year. After three months, the mother filed a motion to amend or review child support in the Juvenile and Domestic Relations District Court, which was denied. The mother then appealed to the Virginia Circuit Court for a de novo hearing, as provided by Virginia Code Section 16.1 – 296, http://leg1.state.va.us
