How to Get Child Support Reduced in Virginia

It is important to first note that in Virginia, parents are allowed to agree to modify or lower child support payments under certain circumstances. However, any agreement must be approved by the court in order to be legally enforceable.

Importantly, courts generally do not approve waivers of child support, as it goes against commonwealth statutes that ensure children receive adequate support. However, parents can petition the court for a modification based on a change in circumstances, such as a change in income or financial situation.

No matter the method used to lower child support, the court’s decision will be based on whether the agreement to reduce child support is in the best interests of the child. Child support in Virginia is ordered by family courts.

Child support itself is a court-determined periodic payment that is ordered by a family court when a child’s biological parents are separating or going through the Virginia divorce process. Once again, the purpose of child support is to ensure that both parents contribute financially to the well-being of their children.

Child support payments are meant to provide for a child’s basic needs, including food, clothing, education, and medical care. The total amount of the child support ordered in Virginia will be based on various different factors.

Factors that may impact the total amount of child support include the custody arrangement between the parents or custodians, the child’s best interests standard, each parent’s income and financial obligations, and the number of children involved in the child support case.

Specifically, in Virginia, child support is calculated according to Virginia Code § 20-108.2. This statute outlines the guidelines for determining child support, which uses an income shares model.

It is important to note that child support will not always be ordered in every case. For example, if both parents agree to split custody of their child or children, there may not even be an initial child support order. This is because, in such a situation, each parent would have the child fifty percent of the time and be liable for half of the child’s expenses.

Regardless of the initial child support order, child support may be lowered if there is a material change in circumstances since the initial order for support. Material changes may include changes in income for either parent, a change in custody arrangement, incarceration, or a variety of other changes.

What Factors Can Lower Child Support?

As mentioned above, child support may be lowered if there has been a material change in circumstances since the initial order for child support. Several factors can lead to a reduction in child support including:

• Job Loss or Reduction in Income: If the parent who is obligated to pay child support loses their job or experiences a significant reduction in income, they may petition the court for a modification of child support
• Change in Financial Circumstances: If there has been a notable increase in the custodial parent’s income or a decrease in the parent making child support payment’s income, that can warrant a review and potential adjustment of child support
• Remarriage or Cohabitation: If the parent that has main custody of the child remarries or starts living with a new partner who contributes to household expenses, this could trigger a review of child support payments
• Number, Age, and Marital Status of Children: Child support calculations are based on the number of children that the parents are financially obligated to support
  • As such, if the parent obligated to pay support has additional children, that may lower the original order for support
• Medical Disability or Illness: If the parent obligated to make payments becomes disabled or incurs significant medical expenses, they might qualify for a reduction in child support
• Change in Child’s Needs: If the financial needs of the child decrease, such as the child no longer requiring daycare or no longer requiring certain medical treatments, that may result in lower child support
• Incarceration: If the parent obligated to make payments becomes incarcerated for a considerable period, this also could be a reason for modifying child support
• Custody Changes: If there has been a change in custody arrangements, such as the non-custodial parent gaining equal custody time or gaining primary custody, that can affect the amount of child support required
  • For example, if the parent originally obligated to make child support payments gains primary custody, they may petition the court to modify the original order and require the other parent to begin making payments to them

What Is a “Substantial and Material Change”?

In Virginia, a “material change in circumstances” for the purposes of modifying child support refers to a change that is both relevant to child support and of sufficient magnitude to justify a change in support. In other words, the change must significantly impact the financial situation of either parent or the needs of the child.

Examples of material changes provided by Virginia’s child support statute include:

• Significant changes in income, such as a job loss, promotion, or new employment
• Changes in the child’s needs, such as a change in medical expenses, educational costs, etc.
• Relocation of a parent that affects the child’s living arrangements or expenses
• Incarceration of the parent obligated to pay child support for more than 180 consecutive days

What Is the Legal Process of Child Support Modification?

The legal process for modifying child support in Virginia involves several legal steps, which include:

• Determine Material Change: First, the person seeking the modification must identify a material change in circumstances, such as a significant change in income, job loss, or increased financial needs of the child
• File a Petition: The person seeking a modification must then file a petition for modification with the court that issued the original child support order
  • The petition should clearly outline the material change and the reasons for the requested modification
• Serve the Other Parent: The petition must then be served on the other parent to notify them of the request for modification, which is generally done through a legal process server or law enforcement
• Court Review: The court will then review the petition to determine if the request warrants a hearing
• Prepare for the Hearing: Both parties will then gather and prepare evidence to support their case, such as gathering financial documents, proof of income changes, and any other relevant information
• Attend the Hearing: Both parties will next present their case before a judge, who will consider the evidence and arguments
  • Once again, the judge will use Virginia’s child support guidelines and the best interests of the child when making a decision
• Court Decision: After the hearing, the judge will issue a ruling
  • If the modification is granted, a new child support order will be issued reflecting the changes
• Implement the New Order: The new child support order must be followed immediately

A local attorney in Virginia will be most familiar with the civil procedures and filings necessary to initiate a modification for court-ordered child support.

When Do I Need to Contact a Lawyer?

If you are having any issues related to decreasing child support payments, then it is in your best interests to consult an experienced Virginia child support lawyer. LegalMatch can assist you in locating and setting up a consultation with an experienced Virginia child support attorney near you.

An experienced lawyer will be able to help you determine whether or not you are eligible to decrease child support based on the particulars of your case. Additionally, an attorney can also help you determine if you are eligible to have any of your child support arrears reduced or discharged. Finally, an attorney can also file for a modification and represent you in court, as needed.