Parents are expected to contribute equally to the raising of their children. That means that the noncustodial parent often has to make support payments to the custodial parent. These payments are not meant as a punishment. They are what the court sees as necessary based on the circumstances during the family court hearing. But what happens when those circumstances change so substantially that the payments no longer seem fair?
Whether you are the custodial parent who needs a higher payment or the non-custodial parent, and your parents are eating you alive, there are ways to modify child support payments. This involves a complex legal process where one small mistake can result in the modification being denied.
Ashwell & Ashwell, PLLC is here to guide you through that process and ensure you achieve the best outcome and error-free. Call (540) 991-9100 to schedule a free consultation.
In Virginia, either parent can ask the court to change an existing child support order. The process of changing child support payments is called a “modification.“ Modifications do not happen automatically; you’ll have to show the court why the current amount is no longer fair or accurate based on what’s changed in your life or your child’s needs.
To start, you will file a formal petition with the same court that issued the original order. You must also show that there’s been a substantial change in circumstances since the last order was entered.
Some examples of a substantial change may include:
Once the case is filed, the court may schedule a hearing to review the financial updates and decide whether the support amount should be changed. The original order remains in effect until a new order is entered.
If you’re looking to change the amount of a child support order, you will need to go through a formal legal process. In Virginia, you will be required to show that there has been a significant change in circumstances that justify a modification.
The process will look like this:
Before filing anything, gather the paperwork that supports your claim. This can include:
You will have to fill out a “motion to amend or review” through the Juvenile and Domestic Relations District Court. This is the formal request for a modification.
Once the motion’s filled out, you’ll need to file it with the same court that issued your original child support order. Make sure you include updated financial documents; both sides usually have to show current income and expenses.
After you file, the court doesn’t just assume the other parent knows what’s going on. They have to be officially served, and no, you can’t do it yourself. Someone neutral, like a process server or the sheriff’s office, will handle that part. It’s not just a formality. If this step doesn’t happen the right way, the whole case can stall out before it even starts.
In most cases, the court will schedule a hearing. At the hearing, both sides have the chance to present evidence, update financial information, and make arguments about why the amount should or shouldn’t change. Bring everything you gathered in Step 1.
The judge will review the information and decide whether to increase, decrease, or leave the child support order unchanged. If granted, the new support order goes into effect as of the date the motion was filed, not the date of the decision.
Until the court officially changes the amount, the original order remains fully enforceable. That means that if you are the paying parent, do not stop making payments, even if you have a verbal agreement with the other parent.
In Virginia, your ex’s remarrying isn’t enough on its own to justify a child support modification. The court focuses on the income of the biological parents, not a new spouse. That means your ex’s new partner’s income generally doesn’t count, and remarriage alone isn’t considered a substantial enough change in circumstances.
However, there are cases where it might matter. If your ex’s financial obligations change, like having a new child, drastically lowering expenses, or quitting their job to rely on their new spouse, that could open the door to a modification request. It is important to remember that the court will look at the full picture before making any changes.
If you are unsure whether or not you qualify for a child support modification or need help navigating the legal process, Ashwell & Ashwell, PLLC, is here to help. Our experienced family law attorneys know what the court is looking for and how to present your case effectively. Whether you are seeking a reduction or an increase, we will guide you through every step of the way to ensure your rights and your child’s needs are protected.
Don’t take on child support modification alone. Call Ashwell & Ashwell, PLLC, today at (540) 991-9100 to schedule a free consultation where you can find out what legal options you have for your unique situation.
