Court-ordered child support orders in Virginia are not set in stone. If circumstances have changed significantly since the current orders came to be, you can request a modification. However, it’s not as simple as just asking for a change.
Understanding how child support modifications work is essential to navigating the process and ensuring the new orders reflect your current situation.
The modification process explained
Virginia law allows you to request a support modification if it has been three years since they came into effect. However, you can do so earlier if you have justifiable grounds. These include:
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Changes in either parent’s income by at least 25%
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Changes in the child’s needs
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Change in the custody arrangement
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Additional dependents, among others
The process involves filing a modification petition along with evidence of the change in circumstances. The modification request may be unsuccessful without a clear and compelling reason to modify the existing support orders.
Essential tips when modifying support orders
Preparation is key if you are thinking of requesting a child support modification. Ensure you have sufficient evidence to support your claim. This might include pay stubs, tax returns, medical bills or any other proof of significant changes necessitating the modification.
If possible, discuss the proposed changes with your co-parent before heading to court. Reaching an agreement can help save time, reduce costs and make the process smoother. Remember, even if you agree, the court must still approve the modification to make it enforceable.
Lastly, act quickly, as courts do not change child support for past dates. Any changes will only start when you file your request, not when the situation changes. Seeking legal guidance can help you through the process, whether you’re seeking an increase or decrease in child support.
