In the state of Virginia, parents are legally obligated to support their children regardless of their circumstances. This is usually done through child support payments. These payments are based on the combined income of both parents as established by Virginia code.
Either party can request a review of the child support system. Child support review is based on both parents’ income and Virginian support guidelines. The revision for the modification may result in an increase, decrease or the same in the payments made.
There are many reasons that may justify a modification of the child support system. First, if it has been 36 months or more since the support order was last modified. Or if a new child has been added either by birth or a physical change in custody, as well as if a child is still eligible to receive support payments. A child loses his ability to receive support from his parents due to a physical change in custody or emancipation. Or if custodial parents at work had child care expenses increased or decreased by at least 25 percent. AND if one parent’s income increased or decreased by at least 25 percent.
Health care coverage must also be considered in child support payments and may modify the amount required to be paid for. Whether the health care premium has increased or decreased by at least 25 percent also affects the amount of child support due. Also, if support payments do not include reimbursed medical/dental provision.
These are all factors recognized by the state of Virginia that can help modify the amount paid in child support.
To request a change, the requesting party must write their requests and sign them. This must be submitted on the Request for Review and Modification form or informally in writing. To request a review, the parent must submit a signed request for review to the district office briefly explaining the changed circumstances.
After a review has been requested, the financial statements are sent to the custodial and non-custodial parents to complete and return to DSCE. The CHED will then conduct a review to determine if a modification to the obligation is needed. Involved parties will be notified that DSCE will file a motion to amend the court order in the appropriate court if the support order is a court order that needs to be modified. Some courts may require a hearing before entering a final order. In other courts, a party may request a hearing within 30 days of receipt of the motion. Depending on how quickly all relevant information is provided and local court deadlines,
In some Virginian courts, the modification process may be different if the other parent has agreed to the change in advance and will enter the order without a hearing. Having the order changed in Virginia will cost nothing.
If you need a Virginia Child Support attorney to help you with your Virginia Child Support case, call us at 888-437-7747. Our Virginia child support attorneys can help. C