Fairfax Virginia Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support
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How to fill out Motion To Modify Or Amend Divorce Decree To Provide For Decrease In Amount Of Child Support?
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FAQ
A divorce order can only be changed if you apply to court by means of a formal court application to change it.
Under what is known as common law, a new child has no effect on a support order.
If the divorce settlement has already been signed and the judge signed the divorce decree, you might be able to reverse the judge's decision. If your divorce decree was signed less than 30 days ago, the judge might rescind the decree, but after 30 days, the judge cannot.
The question is: can you vary or amend your divorce order? "The short answer is yes, you can, under certain conditions," says attorney Simon Dippenaar. "Most amendments concern childcare and contact - custody and access or visitation rights - and changes to your property settlement.
Virginia court decrees are legally binding, but do provide for some changes. The Commonwealth of Virginia realizes real people face changing circumstances, so the proper method of changing a divorce decree is through modification.
Material Change in Circumstances in Virginia If a parent wants to change an existing order and the other parent disagrees, he or she must petition the court by filing a motion to modify the order.
The court is authorized by law to modify a child support decree in the following circumstances: On petition by either parent; On its own motion; or. Upon a petition of a probation officer of the Department of Social Services.
Once the judge is satisfied, the consent order is 'sealed' and becomes legally binding. At this point, the order is final and neither you, nor the judge, can usually change the agreement.
A change of circumstances refers to the showing required by a party seeking to modify a prior child support, spousal support, or custody order. Generally, the change in circumstances must be substantial in nature and due to facts that were unknown or unanticipated when the prior order was issued.
A Motion must be filed with the Juvenile and Domestic Relations Court in order to modify a custody order. The first step in beginning the process of modifying an existing Virginia child custody order is to file a Motion to Amend or Review Order with the Juvenile and Domestic Relations Court.
