Can I Change My Child Support Amount After Divorce in Virginia?
When life changes, so do financial responsibilities. If you’re a parent in Virginia wondering whether you can adjust your child support order, you’re not alone.
After navigating a divorce, many parents begin to ask questions like, “How is child support calculated in Virginia?” or “Can I reduce child support payments if my income drops?”
This guide explains how the process works, your rights and why working with a child support attorney in the Richmond, Virginia area is essential to protecting you and your family.
How is child support calculated in Virginia?
In Virginia, child support is determined using statutory guidelines that consider both parents’ gross monthly incomes, the number of children and the amount of time each parent spends with the child.
The court also factors in health insurance premiums, work-related childcare expenses and extraordinary medical costs.
These figures are combined into a formula that produces a presumptive support amount, which the court generally follows unless special circumstances make it unjust.
A Richmond-area child support and custody lawyer can explain the exact factors the court will apply in your case. While the state formula is a starting point, the court may deviate if special circumstances exist.
When can you modify child support?
Parents often ask: “Can I modify a child support order in Virginia?” The answer is yes – but only under certain conditions. You may request a modification if:
- Your income has significantly increased or decreased (job loss, pay cut or promotion)
- Your child’s needs have changed (medical costs, schooling)
- Your custody arrangement has changed
If you want to try to increase child support, a lawyer can help you file a petition showing why more support is necessary. On the other hand, if your income has decreased, an attorney can help you present evidence to attempt to reduce child support payments.
What if child support isn’t being paid?
One of the most common concerns is what happens if child support payments are missed. The consequences can be serious: The court may garnish wages, suspend driver’s or professional licenses, intercept tax refunds or even impose jail time.
If you’re owed child support, an attorney for unpaid child support or a child support enforcement lawyer can help you assess your options. The court provides several ways to collect overdue payments, but having legal representation can speed the process and reduce your stress.
Do mothers and fathers have equal rights when it comes to child support?
Many divorced parents wonder whether they’ll be treated fairly by the other party and the courts. The truth is Virginia law doesn’t favor mothers or fathers.
Whether you’re the mother or the father, it’s simply important to work with the best child support lawyer you can find, period. You might encounter attorneys who claim to have success helping one party more than another, but the best lawyers will be able to help either party because they know the law and know that all parties have equal standing.
Can I get child support without custody?
As we work on child support cases, sometimes parents want to know if they can get child support without actually having custody of the child or children in question.
One example of such a situation could be a case where a grandparent or grandparents are providing for a grandchild. Though this can be a tricky situation socially, generally the courts’ stance is that the parent who has primary custody receives support.
Why hire a child support attorney?
Just searching for a “child support attorney near me” will bring up many, many names, but do your research. Not all lawyers focus on family law. Pick one with a strong track record that is very clear about their success with child custody cases.
The Trustice Law Group specializes in family law and is a highly experienced child support law firm in the Richmond and Central Virginia area. Our team understands both the law and how local courts interpret it.
Also, child support and child custody can be emotional topics. An experienced lawyer can:
- Help focus on the facts and help you calculate child support payments fairly.
- File the right motions to modify or enforce a child support order in Virginia saving you time, preventing frustration and reducing stress.
- Protect you from unfair financial burdens by fighting for fair child support terms while keeping your bills affordable.
- Ensure your child’s needs remain the no. 1 priority.
Protect your child and your resources: Take the next step
Child support issues can be overwhelming, but you don’t have to face them alone. Whether you need to adjust payments, enforce an order or understand your rights, the attorneys of Trustice Law Group can guide you through the process with confidence.
For more information on child support and divorce law in Virginia, an initial consultation is your next best step. Get your questions answered based on your unique situation. Click to request a time today or by calling us at 804-207-9381.