Understanding how to file for a child-support modification in Virginia is essential for thousands of families–particularly with the upcoming wage increase and child support changes underway.
In 2022, the state minimum wage will rise to $11 per hour, inevitably causing a statewide change in circumstances for many parents who are paying and/or receiving child support. Both parents have the right to request child-support modifications.
Still, guidance from a capable Child Custody Lawyer is the most reliable way to make informed decisions about the best path forward.
When Can You Request A Child-Support Modification In Virginia?
Child support is a legal obligation for non-resident parents until their child reaches 18 years old. However, this is dependent on:
- The specifics of the domestic situation.
- When your child leaves school, and when they become financially self-supporting.
- Any medically diagnosed disabilities.
Virginia Code Section 20-108.2 outlines when a child-support modification is likely to be granted.
Accepted Criteria for a Child-Support Modification Request
While not exhaustive, below are some of the justifiable circumstances for a modification:
- A parent loses a job, or their income adjusts by 25 percent or more.
- The paying parent needs to provide for other children.
- Either party needs to add a child to the child support order.
- One parent fails to uphold the child support agreement.
- The child’s needs, either financial or medical, change.
The Virginia courts use an income-shares model as the basis to calculate required support payments. And you cannot change agreements retrospectively, so it is important to act quickly when the need arises.
With changes to minimum wage, many paying parents will probably encounter a difference to their income exceeding the 25 percent fluctuation threshold, and therefore may be subject to a modification petition.
Likewise, during times of economic distress, if an employing business ceases to exist, this will directly impact the paying parent’s ability to maintain ongoing child support payments.
Professional advice is highly advisable, even within this list of scenarios, since the court has the authority to amend a child support agreement or refuse a modification.
Having a qualified legal representative well versed in the intricacies of the Virginia child support system can profoundly impact the strength of any requests you file and enhance your expected outcomes.
How to File For A Child-Support Modification
There are three ways the Virginia court can modify a child support decree:
- Following a petition by either parent.
- Of its own accord through a court-led motion.
- Via a petition from an officer from the Department of Social Services.
Requests must be made in writing and signed by the requesting party. The local district offices manage petitions, which need to be accompanied by an explanation of why the change is being requested.
This stage is crucial since the court will rely solely on this justification to decide whether the request holds weight and meets the accepted conditions.
One of the challenges is that, while laws form the bedrock of these impactful family decisions, they are often complex with detailed caveats and processing structures and challenging to grasp.
A judge will review every petition, balancing the requested changes against the child’s needs–and you must demonstrate sufficient grounds to uphold your case.
For example, even if a paying parent encounters a significant pay cut, the court is not obliged to grant a request to reduce their payments.
In the same way, a parent receiving child support payments must submit a request as soon as is practical if the other parent gets a pay increase. The court will not mitigate delays with a back-dated pay award.
The Benefits Of Professional Legal Support When Filing Or Responding To A Child-Support Modification Petition
As we’ve seen in this brief overview, the court considers multiple factors when deciding whether to grant a modification request.
Our legal team has years of experience supporting parents even in the most complex situations, providing skilled negotiators to confer with the court and support your request.
A proficient family law attorney can provide help at every stage, from compiling a child-support modification request to responding to petitions from an ex-partner and litigating on your behalf to reach an advantageous outcome.
Having a case strategy, knowing your legal options, and putting together a compelling petition or rebuttable response is key to progressing through a child-support modification case. Reinforcing documentation will equip the court with the information it requires to rule in your favor.
If you anticipate that the upcoming minimum wage changes will impact your child support circumstances or expect a parallel increase in payments, get in touch with an experienced lawyer to begin compiling your approach to filing a child-support modification.