Ideally, the child support order created at the time of your divorce will serve your family’s needs for many years. However, it is common for circumstances to change, requiring a modification. Whether or not you and your former spouse are on friendly terms, it is vital that you work with experienced Richmond child support lawyers to ensure your rights and your child’s rights are protected.
The family law attorneys at Melone Hatley, P.C., are committed to helping parents like you adjust your existing child support orders to accommodate a move, new marriage, or other situations.
We offer a free consultation with one of our Client Services Coordinators to assess your case. They will connect you with one of our skilled Richmond child support modification lawyers to pursue your goals. Contact us today to learn more about how we will help you.
When to Request Child Support Modification in Richmond, VA
You may request a modification to your existing child support order for many reasons. The request can come from you or your spouse as the paying parent (payor) or the receiving parent (payee); however, it should have a valid purpose and documentation supporting the request for modification.
Common situations where you may need to change your child support order include:
- The payor is laid off or experiences a significant reduction in pay and no longer makes enough to cover the child support payments.
- The payee is laid off and cannot find another job quickly; so their income has been significantly reduced.
- In some cases, if the parent receiving support remarries, the court may consider that a factor that can lead to modification.
- The payor receives a substantial increase in income.
- The payor becomes responsible for supporting additional children from other relationships.
- Your child develops special needs for care, education, or health with an increase in expenses.
- Your child’s costs for daycare, school tuition, insurance, medical care, or other needs increase or decrease.
- Your child turns 18, graduates from high school, or becomes emancipated.
If one parent becomes unemployed, the parties may want to make a verbal agreement to lower support. While this may show an ability to work together, this verbal agreement will not be enforceable and the original court order still controls. So, if you start paying the lower amount, the other parent can take you to court and still get arrearages of child support based on the original order.
When dealing with changes in child support, it is best to speak with a family lawyer in Richmond, VA, about going through the necessary legal channels. It is possible to have child support payments lowered until the payor resumes working by going through the court.
Why You Must Always File a Child Support Modification Through the Courts
One of the main reasons you should always seek a court’s approval for your child support modification is to protect your children’s financial stability and your financial future
After going through a divorce, you know the challenges and stress involved. Revisiting a child support order can bring up the same emotions, complicating conversations, and direct negotiations. Making modifications through the family courts with the support of our Richmond attorneys ensures your and your child’s best interests are prioritized.
Securing a Legally Enforceable Order
Another important reason for going through the court system is to secure a new order that is clear and legally enforceable. There are numerous circumstances where you may request a change, but the court, following VA Code 20-108, will be able to determine if there is an acceptable reason to modify child support.
For example, pursuant to VA Code 20-108, if you buy a more expensive home or move into a more expensive apartment, you cannot use your new mortgage as an excuse for a child support payment reduction request.
Formalizing Your Changes in Circumstances for Legal Recognition
The Virginia Department of Social Services (DSS) provides an online platform for initiating a child support modification request. Yet, it’s crucial to note that child support obligation adjustments won’t occur automatically when your circumstances change.
For instance, the end of child support payments upon your child reaching adulthood or changes due to your child’s medical needs require your action. You must formally request a modification through the courts to ensure these adjustments are legally recognized and enforced, safeguarding the structured support your child depends on.
This step is vital for maintaining the financial stability and well-being of your child, ensuring that the support your child receives is fair and aligned with current needs.
Why You Should File Today and Not Tomorrow
For support modifications, the court can’t modify how much you owe until you file your request. So, even if you and the other parent have a verbal agreement, the court is unable to calculate anything prior to that date of filing.
This is especially important if you are seeking to lower your child support payments. If you timely file, the court can go back to the date of filing to set the new amount. This creates a situation where you will have child support overages. Generally, if there are overages, the court will allow you to offset future payments against the overages.
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Why Choose Melone Hatley, P.C.?
At Melone Hatley, P.C., we pride ourselves on being a respected, woman-owned family law firm serving Virginia, North Carolina, and Florida. We offer our community access to a team of top-rated, award-winning attorneys with knowledge and experience to support families like yours.
Modifying a child support order requires a thorough understanding of current laws and a strategic approach to future “what-if” scenarios. Without strong legal guidance, you could be compelled to honor a modification that is not in your best interests.
Our firm is dedicated to preventing you from being overburdened by payments or receiving less than you’re entitled to because you were unaware of how to fight back against an unfair modification request.
With Melone Hatley, P.C., your case will be assigned a team of attorneys headed up by an experienced lead. That team will work to verify every important factor that goes into changing your child support order.
We will compassionately fight for your rights to prevent your spouse from taking advantage of you. Our Richmond child support modifications attorneys will handle your case so you can focus on what matters most—raising your children.
Contact a Qualified Richmond Child Support Modification Lawyer Today
At Melone Hatley, P.C., we protect your family, your finances, and your future. We are dedicated to ensuring your children’s interests and security are safeguarded, even when the unexpected happens.
Your Richmond child support modification lawyer will be by your side from start to finish, educating you about the process so you can make these critical decisions with confidence. We manage all aspects of divorce, child custody, and child support.
When you work with Melone Hatley, P.C., you can depend on skilled attorneys and capable legal professionals to address your child support and modification questions. Don’t wait to get started. Contact our offices through our online form to schedule a free case evaluation today.
