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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.

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.

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.

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.

§ 20-108.1. Determination of child or spousal support. In any proceeding on the issue of determining spousal support, the court shall consider all evidence presented relevant to any issues joined in that proceeding. The court's decision shall be rendered based upon the evidence relevant to each individual case.

Generally, no. Virginia has very strict laws concerning child support payments, and the courts do not allow parents to legally waive or limit child support. As an example, let's say that one parent fails to make their child support payments on time, for one reason or another.

This can include a change for the parent, such as a substantial change in income, relocation, or remarriage. The need for a modification can also arise material change to the needs of the children, such as changing educational needs and/or costs, healthcare, relationships, or other age-related needs.

There is no statute of limitations on collecting child support arrears in Virginia. This means you can pursue back payments regardless of how long ago they were due. Moreover, interest may accrue on unpaid child support at a rate set by state law. This can significantly increase the total amount owed over time.

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.