Filing a modification request for child support changes in Virginia is not a concrete process.
A skilled Virginia Beach custody lawyer is vital if you are concerned about sudden spikes in your payment order or receiving essential support to care for your children.
With changes to the statewide minimum wage next year, which we’ll explain shortly, if you need to file for child support modification, understanding the law and how it applies to your family can make a considerable difference.
How Does Virginia Law Account for Parental Pay Increases?
Virginia laws consider various types of income when making legally bound decisions about what a parent should contribute financially to the support of their children.
In 2022, the state minimum hourly wage rises to $11, an increase of 15% from the current year. The $2.13 baseline for tipped employees remains the same.
The challenge for both parents is that this fluctuation is likely to have a significant impact on child support agreements because:
- Pay increases of 25% or above are grounds for a child support modification request.
- Recalculating all income, including severance payments, pensions, wages, bonuses, dividends and commissions, can be complex.
- Exclusions apply to income or payments to support another child or Federal Supplemental Security Income (SSI).
In general, any income increase over the 25% threshold should constitute an amendment to your child support payment order.
However, much is dependent on the petition entered and how strongly the supporting information reinforces the courts’ decision.
While it may be fair to assume that if a parent’s salary increases, then the child support payment will increase too. But the reality is far from straightforward.
The Virginia Child Support Calculation Framework
One of the frequent questions our family law experts receive is how the Virginia courts calculate child support, which varies depending on your custody agreements.
For example, if there is a sole custody situation, then your contribution will depend on the portion you pay in comparison to the difference between the earnings of both parents.
As a basic illustration, if your child requires $600 of support per month, and parent A earns twice that of parent B, expected contributions will be split $400 and $200, respectively.
The adjustments to this simplified calculation become more complicated in split custody and shared custody agreements, so individual guidance from a family law specialist is strongly recommended to protect your rights.
An important factor is that the courts won’t automatically monitor the income of parents or partners named in a custody agreement. Therefore, even though wages will increase for a substantial proportion of people next year, you won’t receive increased child support payments unless you submit a modification request.
Can I Request Child Support Modification in Virginia if My Child’s Parent Receives a Pay Increase?
If a co-parent or non-custodial parent of your child receives a wage increase as a result of the 2022 minimum wage revisions, or an increase in any other form of income, you may be entitled to file a petition for increased support.
The key is to ensure any legal actions you take are supported by guidance from a professional family law attorney.
Minimum wage increases of 15% do not equate to the 25% variance required to be eligible to file a modification request. However:
- Support orders do not include any monitoring function. If your agreement has been in place for several years, the terms probably have not been reviewed during that period.
- Any requested changes must be made in line with the modification petition system, following the court-mandated procedure for submission and evidencing such a request.
- Other circumstances, such as receiving an inheritance, or a new dual-revenue stream, may have a sizable monetary impact on the court-ordered child support payments.
- The financial commitment required to care for a child grows as they do, particularly regarding food and clothing costs or adjustments to account for illnesses and disabilities.
Many parents in Virginia currently pay child support according to agreements made several years ago. Therefore, it is reasonable to anticipate an influx of petitions when the 15% minimum pay increases come into effect.
Securing Beneficial Child Support Modifications in Virginia
If earnings have increased over the past few years, it may be advisable to file a modification petition and enhance your ability to care for your child in the best way possible.
Non-resident parents may also find that their prior agreements do not match their current ability to contribute financially to the care of subsequent children–and may have cause to file a counterclaim to explain their change of circumstances.
Regardless of the position in a child support arrangement, legal guidance is crucial to ensure the best outcome possible and that financial support for your child that remains within your means, whether as a resident parent or a paying co-parent.
Schedule a professional consultation to explore the terms of your current child support arrangement and establish clear terms to request a favorable adjustment to your current child support agreement.