When financial circumstances change, either parent can request a change to your Virginia child support order. In addition, either parent can request a change within three years of the most recent order.
Follow these steps to request a child support modification in Virginia.
If the last child support order dates within the past three years, you must be able to demonstrate one of the following special circumstances in your modification request:
- Increase or decrease of one parent’s income by at least 25%
- Change in physical child custody, including legal emancipation
- Birth of a new child
- Unreimbursed medical or dental costs left out of the existing order
- Increase or decrease of health insurance premiums by at least 25%
- Health care coverage left out of the existing order
- Increase or decrease of work-related child care costs by at least 25%
- Change in income of any amount for a National Guard or Reserve member
Complete the Request for Review and Adjustment form
Return this document, along with the required evidence to support the circumstance in question, to the Division of Child Support Enforcement in your district. If you made a written request for a modification and the court responded with the Request for Review and Adjustment, you must complete and submit the form within 15 days or the agency will deny your request.
Await a new support order
DCSE will either approve or deny your request based on the state child support guidelines. These regulations account for the income and expenses of both parents along with the expected standard of living for each household. Support may remain the same, increase or decrease depending on these factors.
While awaiting a decision, continue to make payments as established by the existing support order. If you receive child support, payments should continue as usual after you request a modification until the court rules on the petition. If you receive a denial, you have the right to file an appeal.