June 20, 2022Author: Grant Moher, Esq.
June 20, 2022Author: Grant Moher, Esq.
The circumstances that guided your original child support order can change over time, and a modification – or adjustment – may be necessary. To determine what modification, if any, should be made to your current child support order, it is important to understand how child support is calculated.
Virginia courts use the “Income Shares Model” to calculate child support. The Income Shares Model considers the gross income of both parties in an effort to ensure the child is receiving the same proportion of parental income that he or she would have received if the child lived in a two-parent household. A basic child support obligation is computed using the Virginia Child Support Guidelines, which factor in the gross incomes of each parent, medical insurance premiums paid for the child, the number of children for which support is paid, work-related childcare costs, and the number of days each parent has the child. Although the “guideline amount” is presumptively correct, you can deviate from the guideline amount if the calculated support amount is unjust or inappropriate.
A child support modification can be initiated by either parent, the court, or the Department of Social Services. The primary reasons for a support modification often include an increase or decrease in a parent’s income, work-related childcare costs, or medical insurance costs, a change in physical custody, and an increase in a child’s needs from any physical, emotional, or medical condition. If these changes in circumstances are material and in the best interest of the child, the court may modify the child support amount.
If you believe that you need to pursue a child support modification, or if your child’s parent is seeking one, the attorneys at Curran Moher Weis have several years’ experience handling child support matters and will ensure your rights are protected throughout the modification process. Contact us now!
