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Requesting changes to child support in Virginia

| Sep 17, 2020 | Family Law |

Parents can request changes to Virginia child support under certain circumstances. Modification is available when the recent order dates to more than three years ago and when either parent’s financial situation significantly changes.

Review the process of modifying Virginia child support.

Proving special circumstances

When the court issued a child support order less than three years ago, the parent requesting a change must provide documentation to support one of these circumstances:

  • Any change in income for a Reserve or National Guard member
  • 25% or greater change in child care expenses
  • Change in health care coverage
  • 25% or greater change in health insurance premium costs
  • Medical and dental costs that have not received reimbursement
  • Legal emancipation or other physical custody change
  • 25% or greater change in income for either parent

Requesting modification

Virginia requires the person requesting a modification to submit the Request for Review and Adjustment Form with his or her local Division of Child Support Enforcement. This office will review the parent’s request and make a determination based on the legal child support guidelines in Virginia.

After either parent requests modification, child support payments should continue under the current legal child support order. The process of granting or denying a modification can take between 30 and 180 days depending on the family’s circumstances.

When DCSE denies a modification request, the parent who asked for the modification can file an appeal. Conversely, the other parent can file an appeal if he or she disagrees with the decision to modify payment. When both parents agree on the change, the court may agree to enter the modification without a hearing.