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

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Multi-State
Control #:
US-00800BG
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Word; 
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Description

This form is used 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

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.

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.

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.

Acceptable Circumstances for Child Support Modification Job loss. An order could change if either parent has lost their job. ... Change in income of at least 25%. ... Medical issues or disability. ... Substantial increase in cost of child's care. ... Change in a child's status. ... Addition of more children.

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 .

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 ...

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