A child support order typically reflects the financial circumstances at the moment it was drafted. But those circumstances may change over time, which can in turn make the agreement inappropriate given the present conditions. When this occurs, you need to understand when and how you can modify your family’s Virginia child support order.
How Are Child Support Orders Calculated in Virginia?
Virginia uses the child support guidelines established under Virginia Code § 20-108.2 to calculate the amount of support a parent may be required to pay. The goal is to ensure that children continue to receive financial support from both parents based on the family’s circumstances. The factors used to determine child support, include:
- The respective incomes of both parents, including their salaries, passive income, pensions, and other sources of earnings
- The custody arrangement, including whether the family has a sole physical custody order or joint custody arrangement, and how much time each parent spends with the child or children
- The cost of providing health insurance coverage for the child
- Work-related childcare expenses
- The level of financial support and resources that the parents could have provided to the child or children had the parents stayed together
In instances where a child spends significantly more time with one parent, the other parent will normally be obligated to pay some amount of child support to the sole custody parent or parent of the primary residence.
Because child support is based on the family’s financial circumstances and the child’s needs at the time the order is entered, a significant change in those circumstances may justify a review of the existing support order.
When Can a Child Support Order Be Modified?
Child support is considered a right that belongs to the child rather than either parent. As a result, a Virginia court will generally only modify a child support order when one or both parents can show that the family’s circumstances have changed significantly since the order was entered. In Virginia, this is often referred to as a material change in circumstances.
Examples of changed circumstances that may warrant a court to modify a child support order include:
- The paying parent has experienced a substantial decrease in their income or has lost their employment
- Either parent has experienced a substantial increase in income or has acquired new assets, such as through an inheritance or gambling winnings
- The child’s financial needs have increased, such as due to new medical expenses or increased educational costs
- The cost of providing health insurance or work-related childcare has changed significantly
- The family’s custody arrangement has changed, with primary physical custody switching from one parent to another or the balance of time that the child or children spend with each parent changing
- The child has become emancipated or has reached 18 years of age and no longer requires financial support from their parents
Not every change in a family’s situation will justify modifying a child support order. Virginia courts generally look for a material change in circumstances, meaning a significant change that affects a parent’s ability to provide support or a child’s financial needs.
What Changes Usually Do Not Justify a Child Support Modification?
Not every change in a parent’s financial circumstances or a child’s needs will justify modifying a child support order. Virginia courts generally look for changes that are substantial and ongoing rather than temporary or minor.
Examples of changes that may not justify a modification include:
- Temporary reductions in income
- Short-term unemployment
- Minor fluctuations in expenses
- Voluntary reductions in income without a valid reason
- Temporary changes to parenting schedules that do not significantly affect custody arrangements
Whether a particular change is sufficient to justify a modification will depend on the facts of the case. Courts typically evaluate the nature, duration, and impact of the change before deciding whether to modify an existing support order.
What Is the Process of Modifying a Support Order?
Modifying a child support order requires more than an informal agreement between parents. Because child support is considered a right that belongs to the child, any changes must generally be approved by the court that issued the original order.
- File a Motion With the Court: A parent seeking a modification must file a motion with the court that issued the existing child support order. The motion should explain why the order should be changed and identify the circumstances that have changed since the order was entered.
- Gather Evidence of Changed Circumstances: The parent requesting the modification must provide evidence showing that a material change in circumstances has occurred. This may include documentation of a substantial increase or decrease in income, job loss, disability, increased childcare or medical expenses, changes in custody arrangements, or other relevant financial information.
- Notify the Other Parent: The other parent must receive notice of the request and have an opportunity to respond. They may agree with the proposed modification or contest it.
- Attend the Court Hearing: In many cases, the court will schedule a hearing to review the evidence and hear arguments from both parents. Each side may present documentation, testimony, and other information relevant to the requested modification.
- Receive the Court’s Decision: After considering the evidence, the court will decide whether a modification is appropriate. If the court finds that a material change in circumstances has occurred, it may issue a new child support order reflecting the family’s current situation.
When Should You Speak With a Lawyer About Child Support Modification?
Not every change in circumstances requires legal assistance. However, it may be helpful to speak with a lawyer if:
- The other parent disputes the requested modification
- You are unsure whether your circumstances qualify as a material change
- Your income has changed significantly due to job loss, disability, or a new employment opportunity
- Your child’s medical, educational, or childcare expenses have increased substantially
- The custody arrangement has changed and may affect child support calculations
- You need assistance gathering evidence or preparing court filings
Understanding your rights and obligations before filing a modification request can help you make informed decisions about the next steps in your case. If you have questions about child support modification in Virginia, consider speaking with a child custody attorney who can review your circumstances and explain the options available to you.
Frequently Asked Questions
Can Parents Agree to Change Child Support Without Going to Court?
Parents may agree that a different child support amount would be more appropriate for their circumstances. However, child support is considered a right that belongs to the child, and informal agreements are generally not enforceable. To ensure that any changes are legally recognized, parents should seek court approval.
Can Child Support Be Modified Retroactively in Virginia?
In most cases, Virginia courts cannot retroactively modify child support for periods before a modification request is filed. This means a parent generally remains responsible for the amount required under the existing order until the court approves a modification.
How Long Does It Take to Modify a Child Support Order?
The timeline varies depending on the court’s schedule, whether the other parent contests the request, and the complexity of the issues involved. Some modifications may be resolved relatively quickly, while contested cases can take several months.
What Happens if the Other Parent Opposes the Modification?
If the other parent disagrees with the requested change, the court may schedule a hearing where both parties can present evidence and arguments. The judge will review the circumstances and determine whether a modification is warranted under Virginia law.
Does Remarriage Affect Child Support in Virginia?
Remarriage alone does not automatically justify modifying a child support order. However, financial changes associated with remarriage, such as changes in income, household expenses, or other relevant circumstances, may be considered if they affect the factors used to calculate support.
