In the state of Virginia, parents are legally obligated to support their children regardless of their circumstances. This is generally done through child support payments. These payments are based on the combined incomes of both parents as laid out in the Virginia code.
Either party may request a review of the child support system. The review of the child support is based on the income of both parents and the Virginian support guidelines. The review for modification may result in an increase, decrease or the same in the payments made.
There are many reasons which may warrant a modification of the child support system. Firstly if it has been 36 months or longer since the child support order was last modified. Or if a new child has been added either through birth or by a physical change in custody, as well as whether a child is still eligible to receive the child support payments. A child looses their ability to receive support from his/her parents due to physical change in custody or emancipation. Or if the custodial parents work related child care expenses increased or decreased by at least 25 percent. And whether or not either parent’s income increased or decreased by at least 25 percent.
Health care coverage also needs to be considered in child support payments and may modify the amount required to be paid by. Whether the health care premium has been increased or decreased by a minimum of 25 percent also affects the amount to be paid in child support. As well as if the child support payments do not include reimbursed medical/dental provision.
These are all factors recognized by the state of Virginia which can aid in modifying 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 should send in a signed request for review to the district office briefly explaining the change of circumstances.
After a review has been requested, financial statements are sent to custodial and non-custodial parents to complete and return back to the DSCE. The DSCE will then conduct a review to determine if a modification to the obligation is needed. The parties involved will be notified that the DSCE will file a motion to amend the court order in the appropriate court if the support order is a court order that will need to be modified. Some courts may require a hearing before entering a final order. In other courts, one party may request a hearing within 30 days of receipt of the motion. Depending on how quickly all the relevant information is given and local court time frames the whole modification project may last up to 180 days.
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 not cost anything.