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To file your Motion for custody modification in the Juvenile Court, fill out the Virginia Form DC-630, which is the ?Motion to Amend or Review Order.? You can download a blank form from the Virginia judicial website.
To request a modification to your existing child support Order, you will need to draft, sign, and file the following forms with the same Virginia Court that granted your original Order, unless both you and the other parent have relocated outside of Virginia ? in which case, you may need to decide where to register your ...
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.
No support order may be retroactively modified, but may be modified with respect to any period during which there is a pending petition for modification in any court, but only from the date that notice of such petition has been given to the responding party.
Modifying a Custody Agreement in Virginia Since changing a custody agreement in Virginia could disrupt a child's stability, a Virginia family law judge will want to see strong evidence from the requesting parent that shows a material change in circumstances that is significant enough to warrant a modification.
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.
If CIVIL contempt is sought for a violation of a court order §16.1-292 allows for a disposition that might include incarceration until the contempt is purged (for example the support arrearage or a portion of it is paid or the child returned to the lawful custodian, or as ordered in each particular case).
You must file for a legal modification of the court order as soon as possible. The court will not typically recognize any informal agreements you make between your ex-spouse, and the change is only retroactive to the date the petition for a modification was filed.