How to Change Your Child Support Order in Virginia
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If your financial situation has changed since your support order was set, you may be able to change the amount. But you have to go through the court to do it. You cannot just stop paying or pay less on your own.
When can I change my order?
You can ask to change your order when something significant has changed in your life or the other parent's life. This is called a "material change in circumstances." You cannot change an order just because you want a lower or higher amount.
Material changes include:
- Changes in custody
- Losing your job
- Becoming disabled
- Getting a significant raise or new, better job
- Being on active duty in the military
- Being incarcerated for more than 180 days
Do not wait to file. If you stop paying without a new court order, the old amount keeps adding up. You could end up owing thousands in back support, plus interest.
How do I change my order?
If your child support was issued by a court, file a Motion to Amend with the same court that issued your original order.
To file a Motion to Amend child support, go directly to the court clerk’s office. The clerk will provide you with a form called “Motion to Amend Child Support.”
The clerk will issue a summons and serve both you and the other parent for the court date.
When you come to your court date, you should bring proof of what changed. For example, bring a termination letter or unemployment paperwork if you lost your job, or medical records if you have a disability, or any proof you have of the other parent’s increased income.
If the support order was issued by DCSE, you can file a “Request for Review & Adjustment” or file online using the DCSE MyChildSupport portal.
One important detail: any change to your support amount only applies from the date the other parent is served with your motion. It does not go back to the date you filed. Serve the other parent as soon as possible after you file.
What happens if I do not file?
Support keeps adding up at the original amount, even if you have no income. Unpaid support is called "arrears."
If you fall behind, you could face thousands of dollars in back support, interest on unpaid amounts, and lawyer's fees if the other parent hired a lawyer. Arrears become a legal judgment. They cannot be erased in bankruptcy, and property can be seized to collect them.
Once support is unpaid, it cannot be reduced or erased. This is why filing a Motion to Amend right away matters so much.
What if I have no income at all?
Even with no income, a judge may still order support. The judge can use something called "imputed income," which is an estimate of what you could reasonably earn based on your past work, skills, and jobs available in your area.
If you are the payee parent and have no income, the court will want to know why you are not earning any money. You should be prepared to show the court evidence that you:
- Are at home caring for a child or children
- Are in school for a specific program intended to improve your employability
- Have another reason you are not earning money
The minimum support amount is $68 per month per child.
What if I am in jail or prison?
If your incarceration will last more than 180 days, you can file a Motion to Amend to ask the court to reduce your support. The court does not have to grant it, but you can ask.
Do not assume your support will pause automatically. File the motion as soon as you can.
Where can I get free legal help?
- Find your local legal aid office. Visit virginialawhelp.org/get-legal-help or call 866-534-5243.
- You can also learn more from DSCE.