In the case of Ridenour v. Ridenour, the Virginia Court of Appeals, in a published decision, ruled that the trial court did not abuse its discretion in fashioning the child support award after finding that application of the child support guidelines was unjust and inappropriate and Code § 20-108.2(D) did not require any unreimbursed medical expenses be categorically excluded from child support calculations a matter of law.
The husband appealed from the final decree of divorce which awarded the wife child support in the monthly sum of $10,336. Husband contends that the trial court erred by deviating from the child support guidelines to include expenses for one of the children’s occupational therapist. Husband contends that such expenses were required to be treated as unreimbursed medical expenses and, therefore, excluded from the calculation of the child support award.
This Court disagrees. The applicable statutes do not mandate that the child’s occupational therapy expenses be treated only as unreimbursed medical expenses and categorically excluded from consideration when fashioning a child support award. The statutory scheme maintains the discretion of trial courts to evaluate the facts of individual cases and deviate from the child support guidelines in appropriate circumstances.
The husband appealed from the final decree of divorce which awarded the wife child support in the monthly sum of $10,336. Husband contends that the trial court erred by deviating from the child support guidelines to include expenses for one of the children’s occupational therapist. Husband contends that such expenses were required to be treated as unreimbursed medical expenses and, therefore, excluded from the calculation of the child support award.
This Court disagrees. The applicable statutes do not mandate that the child’s occupational therapy expenses be treated only as unreimbursed medical expenses and categorically excluded from consideration when fashioning a child support award. The statutory scheme maintains the discretion of trial courts to evaluate the facts of individual cases and deviate from the child support guidelines in appropriate circumstances.
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