Unable to Make Virginia Child Support Payments? When You Can Request Modifications
Virginia parents have a legal duty to provide for their children, but Virginia child support orders are not set in stone. If your financial situation changed in recent months, you may have grounds to request modifications.
Our Virginia child support attorneys have decades of collective experience protecting clients in these cases. Find out five common reasons you can modify child support payments and how to request a change.
Five Reasons To Request Child Support Modifications in Virginia
As a parent, you want your child to have the things they need and are more than willing to make child support payments. While family court judges carefully consider multiple factors before ordering a child support amount, there may come a time when paying the full amount is simply unfeasible.
Under Virginia Code Section 20-108, you can request modifications to a Virginia child support order if there’s a material change in circumstances. This means the change is substantial and ongoing, not temporary or something you caused. The following are five common reasons:
- You had a significant drop in income due to a job loss, layoff, demotion, or involuntary reduction in hours.
- You can’t work due to an illness, injury, or long-term disability.
- Your custody arrangement has changed, such as having your child spend more time in your home.
- You pay substantially more to cover your child’s health insurance.
- Your current order is over three years old and is likely outdated.
In some cases, getting remarried and having children with a new partner may prompt modifications, but it’s not automatic. You still need to request any changes through the Virginia Family Court.
How to Request Child Support Modifications in Virginia
Virginia child support payments are enforced by the court and the Virginia Department of Social Services. If you fail to make payments or fall behind on the amount owed, you could face serious ramifications, including wage garnishment, asset seizure, and the loss of your driver’s license or passport.
To prevent this, request child support modifications as soon as you know you’ll have trouble making payments. Here’s what to do:
- Gather evidence to support your claim, such as pay stubs, termination letters, medical records, or updated health insurance statements.
- File a motion to modify your child support amount and request a court hearing.
- Make sure the other parent is served with a copy and a hearing notice.
- Prepare a financial statement listing your current income, expenses, and relevant changes since the original order.
If both parents agree on a new amount, it makes things a bit easier, but you still need to go through the court.
Contact Our Experienced Virginia Family Law Attorneys
If you are struggling to make Virginia child support payments, Schwartz Kalina is here to help. Our experienced Virginia family law attorneys help paying parents understand whether they qualify for a modification and guide them through every step of the process. Give us a call or contact us online today to request a consultation.
Sources:
law.lis.virginia.gov/vacode/title20/chapter6/section20-108/
loudoun.gov/114/Juvenile-Domestic-Relations-District-Cou
dss.virginia.gov/empowering-families/frequently-asked-questions/
