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Virginia's child support guidelines use what's known as the "income shares model," which is meant to ensure that children have the benefit of both parents' earnings, and that the overall support obligation will be fairly divided ing to the parents' relative financial situations.

Generally, for the purposes of enforcing orders when administrative enforcement is unsuccessful, cases are referred for court action when support is past-due for more than 90 days and the arrears are at least $500.

Under what is known as common law, a new child has no effect on a support order. The prevailing thought was that a parent's first children had priority. But that reasoning is becoming passé. The current thinking in many states, Virginia included, is that all a parent's children should have their needs addressed.

Virginia uses the “Income Shares Model” The “Income Shares Model” calculates child support by considering each parent's share of the total combined income of both parents. Imagine a pie representing the combined income of both parents. The child support amount for each parent is based on their “slice” of this pie.

Modifying Child Support One of the parents must request the change by a formal motion to the court. The court that makes the original child support award has the authority to modify the order if conditions change. Either parent may request the court to change the order throughout the time the child is under 18.

The Virginia Child Support Guidelines outline the obligation amount based on the parents' combined monthly gross income and the number of children. For example, a family with an income of $4,000 would have a support obligation of $645 a month for one child and $975 a month for two children.

Seven days' notice is required to the opposing party and the court. Motions may be typed by either party, may be filed on the General Notice and Motion Form or may be filed on one of the appropriate forms provided by the Supreme Court of Virginia (located here).

Except as otherwise provided by law, any party requesting a rule to show cause for a violation of a court order in any civil action in a court of record shall file with the court a motion or petition, which may be on a form prescribed by the Office of the Executive Secretary of the Supreme Court of Virginia.

All civil continuance requests must be submitted in writing. The court's Request for Court Action Form is available to use for continuance requests. The continuance date must be an available date provided by the clerk's office. Continuance requests should be made as far in advance as possible.