If you’ve been making child support or alimony payments to a former spouse, it can be a shock if your income suddenly changes drastically, making it difficult for you to pay. If your former spouse makes payments to you, those payments may no longer be adequate if your household or medical costs suddenly increase.
Have your circumstances changed so that your child support or alimony order no longer makes sense? Do you need to ask the court to decrease, increase, or terminate payments? If you need to modify a child support or alimony order in Virginia, you can ask the court to make changes.
Modifying a Child Support Order
Either parent can petition the court to modify a child support order. To request a modification, you must fill out a Request for Review and Adjustment form and file it with the Virginia Department of Social Services.
Reasons for a modification can include:
- An increase or decrease of at least 25% in either parent’s income
- An increase or decrease of at least 25% in the cost of health insurance
- An increase or decrease of at least 25% in the cost of child care needed for work
- A change in physical custody of the child
- Either parent is called up for active duty in the Army Reserve or National Guard
- The parent who is paying child support is imprisoned for at least 180 days
You must include documentation of whatever change you are claiming. For example, if you claim a decrease in your income, you must provide your last three pay stubs or a statement from your employer to demonstrate the decrease.
Modifying a Spousal Support Order
Under Virginia law, either party can petition the court to increase, decrease, or terminate spousal support payments, commonly known as “alimony.” Reasons for modifying a spousal support order can include:
- The party receiving support has remarried or has been living in a domestic relationship similar to a marriage for at least one year. The court will generally terminate spousal support unless the person receiving support proves this would be unconscionable.
- There has been a significant and unforeseeable change in either party’s material circumstances. For instance, if you have become unemployed or your former spouse has received a significant increase in income, then the court may modify the spousal support order.
Retirement at full retirement age can count as a significant change in material circumstances.
How a Family Law Attorney Can Help
To change either a child support order or a spousal support order, you must file a motion with the court and present evidence supporting your request. This is much easier with the help of an experienced family law attorney. A lawyer who is familiar with child support and spousal support orders can avoid common mistakes that occur when such modifications are sought, such as not filling out the necessary information completely or not providing sufficient evidence.
If your former spouse contests your request to modify the order, having a lawyer on your side can help. Your lawyer will act as your advocate in court, countering the arguments presented by the other side.
Contact an Experienced Family Law Attorney Today
Fairfax, Virginia, law firm Surovell Isaacs & Levy PLC has been serving northern Virginia and Washington, DC, for more than 40 years. Best Lawyers ranked us as one of the Best Lawyers in the United States for 2024. We are a full-service law firm, and we handle matters from personal injury cases to family law matters on a regular basis. Contact Surovell Isaacs & Levy PLC today for help getting your child support or spousal support order modified.
Posted in: Family Law