Amendments to child support agreements are often necessary to reflect changing circumstances, incomes and financial support requirements.
The Virginia child support structures set out defined processes that parents must follow to successfully petition the court for a modification, whether to reduce or increase their contributions or support.
A family law judge reviews all child support changes, so understanding when you are entitled to request adjustments and how to strengthen your application is key. Working with a specialist attorney is advisable, since any failure to file a modification request promptly could cause undue stress, time and cost–with no retroactive action possible.
When Can I Request A Virginia Child Support Modification Order?
One of the scenarios that often prompts a parent to request a change in child support is when there is a wage increase and the child support capacity of a contributing parent grows.
As of 2022, the state minimum wage increases to $11 (an increase of 15%), close to the 25% threshold at which a modification request becomes legally viable.
Material shifts in the finances of either parent are also cause to file a modification petition. Still, in order for the justification to be eligible, it must adhere to the list of acceptable circumstances for the courts to uphold a change request.
Scenarios where a petition for an amendment is possible include:
- Healthcare coverage costs change by 25% or more.
- Work-related child care costs rise by 25%.
- The income of either parent varies by 25% or more.
- A parent wishes to adjust a child support order to cover dental or medical conditions.
Parents may also request a modification if it has been 36 months since any previous reviews have been requested.
Keep in mind that filing quickly is imperative!
If your financial situation changes and you can no longer pay the court-ordered support, nonpayment arrears will accumulate as an unpaid debt. The courts will not reduce these debts retroactively, so speed is essential.
Changes to the Virginia Child Support System in 2021
In July 2021, the Virginia family law courts issued an amendment addressing the issue of when or if a parent needs to disclose a change in their employment status or a variation in their income. Now, if child support payments are made through the Department of Social Services (rather than directly), or if there is a payment order to remit support directly, then either parent must inform the court of the following:
- Their employer’s name, address, and contact details.
- Any amendments to their employment position.
- If the parent files a claim to receive benefits, or is in receipt of benefits that differ from the situation during the original agreement.
Parents are obliged to submit this information to the court in writing within 30 days.
However, it is essential to point out that the courts do not have an independent monitoring system and may not be aware of any non-notified changes. Therefore, parents receiving child support payments, and requiring a revision of that financial support, may find that there may be changes in financial circumstances that were not identified and that they need to take proactive steps to protect the economic welfare of their child.
The 2021 legal developments are significant because they were designed to allow parents receiving child support to recognize a material change of circumstances and file the appropriate modification petition.
If you receive a change of circumstances notice, it is important to consult an experienced family law attorney to identify the correct path forward to secure the modifications you are entitled to.
Streamlining Child Support Change Requests
Many parents fail to file a petition, even if they are confident that the other parent has received an income increase of a suitable percentage.The assumption is that the complexities of the court system will result in costly litigation battles and be a lengthy, challenging process.
However, a seasoned child support attorney can suggest a range of approaches to expedite proceedings and secure the support modifications you feel are necessary to care for your child. Potential legal actions are tailored to your desired outcomes, including opportunities to negotiate revised settlements before litigation or agree to a mutually beneficial information exchange to reach a fair resolution.
It is perfectly acceptable to come to an out-of-court agreement, but a judge must verify the agreement in order for the terms to be approved. Alternatively, if an acceptable agreement is not possible, the next stage is to file a court motion requesting a modification and setting a hearing date.
Our goal is to provide ongoing support, professional advice and clear guidance to ensure you receive or pay the correct child support payments without protracted litigation.
Get in touch to explore the optimal strategies available for securing the child support changes you require to ensure your needs as well as the needs of your child are met.