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Want your child support order modified?

On Behalf of | May 13, 2021 | Child Support

Your divorce happened a while ago, and you’ve been paying or receiving child support based on the income you and your ex were making back when you finalized your marital dissolution. Things have changed since then, and now you feel your support order isn’t doing the job. This has you wondering, can you modify a support order?

The good news is, yes, child support orders in Virginia may qualify for adjustment. At the end of the day, the courts want to make sure children are getting what they need, but they also understand that circumstances change. Under what circumstances might a modification prove necessary?

Reasons to modify

There are several reasons for which a parent may seek a child support modification. Some of them include:

  • A change in custody arrangements
  • Income increase or decrease
  • A change in a child’s health and dental care premiums
  • 36 months have passed since the last order review
  • An increase or decrease in work-related childcare costs

In other words, either time needs to pass or a significant change in circumstances needs to occur for the court to approve a child support modification.

How to seek a support adjustment

To seek a support adjustment in the state of Virginia, you need to file a request in writing. The petition needs to include an explanation of why you believe the order needs modification and your signature. You then file the form with the district office responsible for handling your support case. Your case will go to review, then the court will either accept or reject it.

What if the request fails to receive approval or the other parent has objections?

If your request for a child support modification fails to receive approval, you may appeal the decision. If your ex objects to the adjustment, you may need to take the matter to court. Either way, you need assistance moving forward in seeking the modification.

Getting a child support order modified isn’t always difficult. As long as you have the information needed to prove your order qualifies for an adjustment, getting a judge to approve it shouldn’t take too long. However, if issues arise, which they might, you don’t have to give up on your request. It may take a little more work to achieve approval, but if you can prove the modification is best for the child, the courts may rule in your favor.

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Attorney Harvey S Lutins