Virginia Child Support Modification

Each state has laws and guidelines for establishing child support. The amount of child support a parent must pay is based on various factors, including each parent's income and the amount of time each one has physical custody of the child. Since situations can change, states have laws in place to facilitate child support modification.

How Virginia Courts Calculate Child Support

Family courts in Virginia calculate child support much the same way as other states do. They defer to the Virginia child support guidelines. These guidelines take into account the financial situation of both parents as well as the time the minor children spend with each parent.

Either the judge or their clerk will enter both parties’ financial information and other pertinent data into the child support worksheet. This is a computer program that calculates child support for judges and attorneys.

The judge will accept whatever amount of child support the guidelines suggest. Federal law requires them to do so. State child support guidelines offer the judge a rebuttable presumption regarding how much child support the non-custodial parent (NCP) must pay.

Either party may submit evidence justifying why the court should increase or decrease child support. However, the evidence must reasonably convince the judge that the amount dictated by the child support guidelines will not allow the parties to afford their child’s needs along with their own basic living expenses.

Factors Virginia Courts Consider When Determining Child Support

There are times when, after reviewing the results of the child support guidelines, the judge feels they need more information to determine the final child support amount. The court will consider the following factors:

• Which parent pays the child’s health insurance premiums
• Whether there is agreement between the parents
• Childcare costs
• Whether there is a prior court order regarding child support
• Whether the paying parent has a child support order from a different relationship

After considering all of these factors, the judge will make a final determination regarding child support and issue a court order.

Modifying Child Support in Virginia

In Virginia, child support calculations follow the "income shares model," which means that the courts consider both parents' incomes when calculating child support. The idea behind this model is that the child should receive the same proportion of their parents’ income regardless of whether the parents live together.

There are times when the paying parent can't afford to make their child support payments, or the custodial parent feels the NCP should pay more. If this is the case, either parent can file a motion with the court asking it to modify the existing child support order.

The judge will only grant the modification request if the petitioner can prove that there has been a material change in circumstances. For example, if the NCP is laid off and has no income, that may justify a reduction in child support. The same is true if one or more of the NCP’s kids graduate from high school.

Factors the Virginia Courts Consider When Modifying Child Support

The court will not automatically believe the claims of parents in child support modification requests. The petitioner must submit a certification along with the motion stating that the information in the motion is true and accurate. The judge will require concrete proof that the change in the petitioner’s circumstances is significant and semi-permanent.

Some of the factors the court will consider when deciding the motion include:

• The original child support order
• Whether the change in circumstances is temporary or permanent
• Whether the requested change is, in fact, material to the parent’s ability to pay/need for additional child support
• The last time the court changed the amount of child support

Given the high burden required to convince the court to modify child support, it’s a good idea to seek legal representation before filing your motion. This can help you understand what your legal options are. The legal process can be intimidating, and having a seasoned professional by your side is helpful.

Overview of Virginia Child Support Modification

While statutes are a good source of information, they can be hard to read and difficult to understand. The chart below provides an overview of child support modification in Virginia and links to relevant statutes.

Disclaimer: State laws are subject to change through new legislation, higher court rulings, and other means. While we strive to provide the most current information, consult a Virginia child support attorney or conduct further legal research to verify your state laws.

Virginia Child Support Modification: Related Resources

For more information and resources related to this topic, please visit the links below.

• Child Custody Law
• Virginia Child Support Guidelines
• Child Support Modification FAQs
• What Does Child Support Cover?

Get Legal Help With Child Support Modification in Virginia

If you can’t afford your current child support obligation, you may want to file a motion with the court. While there’s no guarantee the judge will reduce your child support payments, your odds increase if you have a skilled attorney by your side.

An experienced family law attorney knows Virginia law and can help you with your petition. Don’t wait too long to seek legal advice, especially if your financial situation has changed significantly. The last thing you want to do is become late on your child support payments and risk censure from the court.