Virginia Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support

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Multi-State
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US-00799BG
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A decree for child support is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a petition to modify an order for child support on the same set of facts that existed when the original order was made. To justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.
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FAQ

The Virginia Code stipulates that a child support order can be modified under the following circumstances: The parent paying child support has lost their job. The parent paying child support has been demoted or changed jobs and their pay has decreased by 25 percent or more.

Some examples of material changes include: relocation of parent; inability by a parent to work together and cooperate with the other parent and effectively co-parent, a parent has remarried or had another child; the child's safety is in jeopardy with the custodial parent; a parent has violated the current order ...

The parent asking for a child custody agreement modification needs to file a motion to do so with the courts. In Virginia this is typically done in the same Juvenile and Domestic Relations District Court that ordered the original custody agreement, although there may be some exceptions, such as if one parent has moved.

Motion for Review and Modification of Child Support. In this form, you will present the facts of your case, including the existing child support provisions of your Final Order of Divorce, an explanation of the material change of circumstance, and the modification that you and your ex have agreed to.

Some examples of material changes include: relocation of parent; inability by a parent to work together and cooperate with the other parent and effectively co-parent, a parent has remarried or had another child; the child's safety is in jeopardy with the custodial parent; a parent has violated the current order ...

To request a review, complete and sign the Request for Review and Adjustment below and submit this form and the required documentation to the address above. To obtain additional case and/or payment information, visit our customer service portal at .

Just because you came to a certain agreement during your divorce does not mean that you have to be bound to it forever. If you can show that there was a significant change in your circumstances from the time of agreement to now, you may be able to have your agreement modified.

Changes to a child custody arrangement must go through Virginia courts. As a parent seeking a revision, you must file a request for modification. A judge will evaluate the merits of the change and approve or deny the modification based on the circumstances presented.

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Virginia Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support