Add a Date Legal Virginia Child Support Forms For Free

While Virginia laws were changed in 1992 to stipulate that children are entitled to support until the age of 19 or graduation from high school, whichever occurs first, this law does not take precedence over prior orders (the new law was not retroactive). Also, other states may have different laws.

In Virginia, child support obligations can be modified if there is a significant change in circumstances. The birth of another child may be considered a change in circumstances, but it does not automatically reduce child support payments for existing children.

Legal Standards and Criteria for Modification In Virginia, the modification of both child support and custody orders requires a “material change” in circumstances. The parent requesting the modification bears the burden of proving that there has been a substantial change in circumstances.

Unless otherwise ordered, Virginia support orders terminate child support on a child's 18th birthday; however, support continues for any child who is over the age of eighteen (18) and is a full time high school student until the child reaches age nineteen (19) or graduation from high school, whichever occurs first.

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.

Child support covers all the costs of any financial need, deemed before the law as essential needs. This includes the payment for food, clothing, shelter, educational expenses, extracurricular activities, medical costs, dental costs, and visitation expenses.

Unless otherwise ordered, Virginia support orders terminate child support on a child's 18th birthday; however, support continues for any child who is over the age of eighteen (18) and is a full time high school student until the child reaches age nineteen (19) or graduation from high school, whichever occurs first.

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 passe. The current thinking in many states, Virginia included, is that all a parent's children should have their needs addressed.

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.