How Do You Modify Custody and Support Orders in Virginia?
Agreed with the other parent to change things temporarily? That agreement means nothing unless a court enters it as an order.
Attorney Shameka L. Rhoades of Trustice Law Group explains what happens when a family situation changes after a court order is in place, how to modify support and custody and visitation correctly, and why you can never stop visitation just because the other parent is not paying support. In this segment from ABC News Showcase, Shameka covers:
- What to do if your income changes and you need to modify support
- What a material change in circumstances means and why it matters
- Why you cannot stop visitation because child support is not being paid
- How to file a show cause when a court order is not being followed
- Why documentation and a written journal protect you in court
Watch the full segment below:
How Do You Modify Custody and Support Orders in Virginia?
Agreed with the other parent to change things temporarily? That agreement means nothing unless a court enters it as an order.
Attorney Shameka L. Rhoades of Trustice Law Group explains what happens when a family situation changes after a court order is in place, how to modify support and custody and visitation correctly, and why you can never stop visitation just because the other parent is not paying support. In this segment from ABC News Showcase, Shameka covers:
- What to do if your income changes and you need to modify support
- What a material change in circumstances means and why it matters
- Why you cannot stop visitation because child support is not being paid
- How to file a show cause when a court order is not being followed
- Why documentation and a written journal protect you in court
If Your Income Changes You Must Go Back to Court
If your financial situation changes significantly and you can no longer afford your child support obligation, the correct step is to file a motion to amend the existing order. Reaching an informal agreement with the other parent to temporarily pay less does nothing legally.
If the other parent later decides to hold you to the original order, everything you did not pay under that order is owed. Even if you have a cooperative relationship, any change to a court order must go through the court to have legal effect.
Custody and Visitation Can Be Changed, But Only With Good Reason
To modify a custody and visitation order in Virginia, there must be a material change in circumstances. That means something significant has happened since the original order was entered, such as a parent planning to relocate, a significant change in living situation, a new marriage that brings stability, or a meaningful change in a child’s needs.
Small inconveniences or minor disagreements are not enough.
You Cannot Stop Visitation Because Support Is Not Being Paid
Child support and custody and visitation are two completely separate legal matters in Virginia. A parent who is not receiving child support does not have the right to withhold the child from the other parent’s parenting time.
Withholding a child over unpaid support creates a serious legal problem for the parent doing the withholding. The correct path is to address the support issue through the court.
When a Court Order Is Not Being Followed: Filing a Show Cause
When the other parent is not following a court order, the proper response is to file a show cause motion. A show cause asks the court to require the non-complying parent to explain why they are not following the order. Judges take this seriously and courts issue orders because they expect them to be followed.
Why Documentation Is Everything
Keep a custody and visitation journal. Record every exchange. Note when the other parent was supposed to have parenting time and whether they showed up. Record late arrivals and early returns. Document when phone calls were not allowed and when the child was not returned on time.
When you go to court months later, a journal with exact dates and times is far more credible than a general impression that things went poorly.
Trustice Law Group: Virginia Family Law Attorneys Who Help You Navigate What Happens After the Order
At Trustice Law Group, we help parents across Virginia modify orders, address noncompliance, and build the documentation practices that protect their rights in court. We are a female-owned Virginia family law firm.
Real Law. Real Talk. Real Options.
Request a consultation or call us at 804-593-0788.
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FAQs
What do I do if I lose my job and cannot pay child support in Virginia?
File a motion to amend the existing support order immediately. Do not rely on an informal agreement with the other parent. Unpaid amounts under the original order can be collected as arrears regardless of any verbal agreement made outside of court.
Can I stop visitation if the other parent is not paying child support in Virginia?
No. Child support and custody and visitation are treated as separate legal matters. Withholding parenting time over unpaid support creates legal problems for the parent doing the withholding.
What is a show cause in Virginia family law?
A show cause motion asks a court to require the other parent to explain why they are not following a court order. It is the proper legal response when a custody and visitation or support order is not being followed.
How should I document custody and visitation issues in Virginia?
Keep a written journal with exact dates, times, and details of every exchange, missed parenting time, late return, or blocked phone call.