What Justifies a Child Support Modification or Termination?

Child support is based on a wide range of factors that apply at the time it is calculated – according to the State of Virginia’s child support guidelines. The fact is, however, that the circumstances that guided your original child support order can evolve over time, and a modification – or adjustment – may be in order. If you have questions or concerns about how child support stands in your case, don’t wait to reach out to an experienced Fairfax child support attorney near you.

Income Shares Model

Virginia uses what is called an income shares model in the calculation of child support that takes both parents’ incomes into consideration. This method is intended to balance each parent’s financial ability to support the children while helping to ensure that the children are as well supported financially as they would have been if the parents had remained together. The court recognizes that circumstances change and, as a result, allows child support modifications when certain factors change significantly.

The Initiation of a Child Support Modification

Child support modifications are initiated in one of the following three ways:


  1. Either parent (the parent who pays child support or the parent who receives child support) petitions the court for a modification
  2. The court itself motions for a modification
  3. A probation officer of the Department of Social Services petitions the court for a modification


The Primary Reasons for Child Support Modifications

The court does not modify child support orders lightly, but if one of the following factors applies, a child support modification may be taken into consideration:


  1. It has been at least 36 months since your original child support order (or since your last review for modification).
  2. Either parent’s income either increased or decreased by at least 25 percent
  3. The primary custodial parent’s work-related childcare costs either increased or decreased by at least 25 percent.
  4. Healthcare coverage costs for the children either increased or decreased by at least 25 percent – or the order needs to take healthcare coverage expenses into consideration.
  5. The current child support order failed to take the reimbursed medical/dental provision into consideration.
  6. A child needs to be added to the order (because of a change in physical custody or of birth) or is no longer eligible for support (because of a change in physical custody or emancipation).


With the passage of time, your financial situation and your children’s needs can change, and such change can instigate the need for a child support modification.

Turn to an Experienced Fairfax Child Support Attorney Near You

If you believe you need a child support modification – or your children’s other parent is seeking one – the dedicated child support attorneys at Curran Moher Weis in Fairfax, Virginia, and nearby are standing by to help. We have the experience, legal insight, and drive to help ensure that you and your children’s rights are well protected throughout the modification process. Your modification needs are important, so please don’t wait to reach out and contact or call us at 571-931-2941 for more information today.

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