Updated for 2025

Virginia Child Support Modification Guide

Learn how to modify child support orders in Virginia, including material change standards, modification procedures, income calculations, and legal requirements under VA Code § 20-108.2.

VA Code § 20-108.225% Income ChangeShared Custody CreditGuideline Method

Last Reviewed: January 20, 2025

Next Review: January 2026

Overview of Virginia Child Support Modification

In Virginia, child support orders are not set in stone. Life circumstances change—parents may lose jobs, receive promotions, experience health issues, or see changes in custody arrangements. Virginia law recognizes these changes and provides a legal mechanism to modify child support orders when circumstances warrant it.

Under Virginia Code § 20-108.2, either parent may petition the court to modify an existing child support order if there has been a material change in circumstancessince the last order was entered. The modification process requires filing a petition with the court, providing evidence of the changed circumstances, and demonstrating that the current support amount is no longer appropriate.

Virginia uses the Income Shares Model for calculating child support, which estimates the amount parents would have spent on their children if the family were intact. The model considers both parents' gross incomes, the number of children, and certain allowable expenses such as health insurance, childcare, and extraordinary medical costs.

It's important to understand that modifications are typically effective from the date the petition is filed, not from the date circumstances changed. Therefore, timely filing is critical to avoid continued overpayment or underpayment.

What Constitutes a Material Change in Virginia

To modify child support in Virginia, you must demonstrate a material change in circumstances. While Virginia law does not define an exact percentage threshold, courts generally consider a change of 25% or more in gross income (up or down) as material. However, other significant changes may also qualify.

Type of Change	Examples	Typical Threshold
Income Change	Job loss, promotion, pay cut, new employment, bonus changes	≥ 25% change in gross income
Custody Change	Shift from sole to shared custody, increase/decrease in parenting time	Significant change in custody days (e.g., crossing 90-day threshold)
Health Insurance Costs	Change in who provides coverage, premium increases/decreases	Material change in cost or availability
Childcare Expenses	Child starts school, daycare costs increase/decrease, employment-related care needs	Significant change in work-related care costs
Extraordinary Medical Expenses	Chronic illness, disability, ongoing therapy, special needs	Uninsured expenses exceeding normal costs
Child's Age or Needs	Child turns 18, graduates high school, emancipation, special educational needs	Legal emancipation or changed dependency status

Note that the court will consider the totality of circumstances. Even if no single change meets the 25% threshold, multiple smaller changes combined may constitute a material change. Conversely, voluntary unemployment or underemployment (quitting a job without good reason) typically will not justify a downward modification, as the court may impute income based on earning capacity.

Qualifying for Modification

Before filing for modification, you should assess whether you meet the criteria. Ask yourself:

Has there been a material change in income, custody, or expenses since the last order?
Can you document this change with pay stubs, tax returns, custody schedules, medical bills, or other evidence?
Is the change involuntary and permanent (or at least long-term)?
Will recalculating support using current income and circumstances result in a significantly different amount?

If you answer "yes" to these questions, you likely have grounds to request a modification. Gather all relevant financial documents, including:

Recent pay stubs (last 3-6 months)
Tax returns (last 1-2 years)
W-2s and 1099s
Proof of unemployment benefits or disability payments
Health insurance premium statements
Childcare invoices or receipts
Medical expense records
Current custody or parenting plan documents

Consider using online child support calculators (such as the one offered by TheDivorceCalc) to estimate what the new support amount might be. This can help you determine if pursuing modification is worthwhile and prepare for the hearing.

The Modification Process Step-by-Step

Modifying child support in Virginia involves several steps. Here's a detailed breakdown:

Step 1: Determine Eligibility

Review your current support order and assess whether circumstances have materially changed. Gather documentation to support your claim.

Timeline: 1-2 weeks to collect documents and assess eligibility.

Step 2: Complete the Petition

Obtain the Petition for Modification of Child Support form from the Virginia Juvenile and Domestic Relations District Court or Circuit Court. Complete the form with accurate income information, custody details, and reasons for modification. Attach supporting documents.

Timeline: 1-2 weeks to complete and organize forms and supporting documents.

Step 3: File with the Court

File your petition with the clerk of the court that issued the original order. Pay the filing fee (typically $50-$86) or request a fee waiver. The court will assign a case number and schedule a hearing.

Timeline: Hearing typically scheduled within 30-60 days of filing.

Step 4: Serve the Other Parent

Arrange for the other parent to be properly served with the petition and hearing notice via sheriff, private process server, or certified mail. File proof of service with the court.

Timeline: Allow at least 21 days before hearing for proper service.

Step 5: Prepare for Hearing

Organize your evidence, prepare testimony, and consider consulting with an attorney. Practice presenting your case clearly and concisely.

Timeline: 2-3 weeks of preparation increases chances of success.

Step 6: Attend the Hearing

Appear on time, present your evidence, testify about the material change, and respond to questions. The judge will review both parties' evidence and issue a decision.

Timeline: Hearings typically last 30 minutes to 2 hours.

Step 7: Implement the Modified Order

Review the modified order, notify DCSE if applicable, and comply with the new payment terms immediately. Keep a copy for your records.

Timeline: New order typically effective from the petition filing date. Appeal deadline is 30 days if you disagree with the decision.

Pro Tip: File your petition as soon as you become aware of a material change. Delays can result in continued overpayment or underpayment, and modifications are typically not retroactive beyond the filing date.

Income Calculation for Child Support

Virginia uses gross income to calculate child support. Gross income includes all income from any source, including but not limited to:

Wages, salaries, commissions, and bonuses
Self-employment income (after reasonable business expenses)
Dividends, interest, and royalties
Pensions and retirement benefits
Social Security and disability benefits
Unemployment compensation
Workers' compensation
Spousal support received from other relationships
Rental income
Military pay and allowances

Certain deductions are allowed from gross income, including:

Pre-existing child support or spousal support obligations being paid
Mandatory retirement contributions

The court uses the Virginia Child Support Guidelines, which provide a schedule based on combined parental income and the number of children. The basic support obligation is divided between parents in proportion to their respective incomes.

Additional expenses such as health insurance premiums for the child, work-related childcare, and extraordinary medical expenses are added to the basic obligation and shared proportionately.

Example: If Parent A earns $5,000/month and Parent B earns $3,000/month, their combined income is $8,000/month. Parent A's share is 62.5% ($5,000/$8,000), and Parent B's share is 37.5%. The basic support obligation (from the guidelines) for one child at this income level might be $1,200/month. Parent A would be responsible for $750 (62.5% of $1,200), and Parent B for $450 (37.5% of $1,200). If Parent B is the custodial parent, Parent A would pay $750/month to Parent B.

For precise calculations, use the official Virginia Department of Social Services child support calculator or consult with a family law attorney. You can also use the calculator at TheDivorceCalc for a quick estimate.

Shared Custody Adjustments

Virginia law provides for a shared custody adjustment when each parent has physical custody of the child for at least 90 days per year. This recognizes that both parents incur direct costs when the child is in their care.

When shared custody applies, the calculation is adjusted as follows:

Calculate the basic child support obligation from the guidelines based on combined gross income.
Multiply the basic obligation by 1.4 to account for duplicated expenses.
Each parent's share is calculated based on:
- Their proportionate share of combined income
- The percentage of time the child spends with each parent
The parent with the lower calculated obligation pays the difference to the other parent.

Example: Assume the basic obligation is $1,200/month. With shared custody:

Adjusted obligation = $1,200 × 1.4 = $1,680
Parent A earns 60% of combined income and has the child 40% of the time
Parent B earns 40% of combined income and has the child 60% of the time
Parent A's share = $1,680 × 60% × (1 - 40%) = $604.80
Parent B's share = $1,680 × 40% × (1 - 60%) = $268.80
Parent A pays Parent B: $604.80 - $268.80 = $336/month

Shared custody adjustments can significantly reduce or even eliminate child support obligations, depending on the income disparity and custody split. If you have recently transitioned to a shared custody arrangement, this is a strong basis for requesting a modification.

Real-World Examples

Here are some realistic scenarios to illustrate how child support modification works in Virginia:

Example 1: Job Loss

Situation: Michael was paying $900/month in child support based on his income of $60,000/year. He was laid off and his new job pays $42,000/year—a 30% decrease.

Action: Michael files a modification petition with proof of his job loss (termination letter) and new employment (offer letter, pay stubs). He demonstrates the income change is involuntary and material.

Outcome: The court recalculates support based on his new income. His support obligation is reduced to approximately $630/month, reflecting the 30% income decrease and proportionate adjustment.

Example 2: Shared Custody Change

Situation: Jennifer's ex-spouse had the children every other weekend (about 50 days/year). They now have a 50/50 custody arrangement (each parent has the children 182-183 days/year). Jennifer earns $70,000/year and her ex earns $50,000/year.

Action: Jennifer files for modification, submitting the new custody order and demonstrating the significant increase in her ex's parenting time.

Outcome: The court applies the shared custody adjustment (multiplying the basic obligation by 1.4) and calculates each parent's obligation based on income and custody time. Jennifer's payment is significantly reduced, or she may even receive a small payment from her ex, depending on the exact calculation.

Example 3: Income Increase

Situation: David is receiving $500/month in child support from his ex-wife, who was earning $40,000/year. She receives a promotion and now earns $60,000/year—a 50% increase.

Action: David files for an upward modification, providing his ex-wife's recent pay stubs and W-2 showing the increased income.

Outcome: The court recalculates support based on the new income levels. David's child support increases to approximately $750/month, reflecting the ex-wife's increased ability to contribute.

Example 4: Health Insurance Change

Situation: Emily's employer previously provided health insurance for the children at no cost. Her employer changed policies, and she now pays $400/month for the children's coverage. The original support order did not account for this expense.

Action: Emily files for modification, attaching proof of the insurance premium and showing the change in circumstances.

Outcome: The court adds the $400/month health insurance cost to the basic obligation and divides it proportionately between both parents. Emily's ex-spouse's share increases by approximately $240/month (assuming he earns 60% of combined income), so his total support obligation increases accordingly.

Frequently Asked Questions

What is considered a material change in circumstances in Virginia?

In Virginia, a material change in circumstances is generally defined as a change of at least 25% in gross income (upward or downward) or any other change that significantly affects the financial situation of either parent or the needs of the child, such as changes in custody arrangements, health insurance costs, extraordinary medical expenses, or changes in childcare expenses. Under VA Code § 20-108.2, the court may modify support if such a change has occurred since the last order.

How long do I have to wait before requesting a modification in Virginia?

In Virginia, there is no statutory waiting period to request a modification. However, you must demonstrate a material change in circumstances since the last order was entered. Some courts may be more receptive to modification requests if at least 6-12 months have passed since the original order, but the key factor is whether circumstances have materially changed.

Can child support be modified retroactively in Virginia?

Generally, child support modification in Virginia is effective from the date the petition is filed, not from the date circumstances changed. However, under certain circumstances, such as fraud or mistake in the original order, or if the non-custodial parent failed to provide accurate income information, the court may grant retroactive modification. It is critical to file your modification petition promptly once you become aware of a material change.

What income is included when calculating child support in Virginia?

Virginia uses gross income for child support calculations, which includes wages, salaries, commissions, bonuses, dividends, severance pay, pensions, interest, Social Security benefits, workers' compensation, disability benefits, unemployment benefits, rental income, and other sources of income. Certain deductions are allowed, such as pre-existing child support obligations, spousal support paid, and mandatory retirement contributions.

Do I need a lawyer to modify child support in Virginia?

While it is not legally required to have a lawyer, modifying child support can involve complex legal standards and documentation requirements. An experienced family law attorney can help you gather the necessary evidence, file the appropriate motions, and present your case effectively in court. Many people find that legal representation increases their chances of a successful modification.

How does shared custody affect child support in Virginia?

Virginia law provides for shared custody adjustments when each parent has custody for at least 90 days per year. In such cases, the basic child support obligation is multiplied by 1.4, and then each parent's share is calculated based on their proportionate share of combined gross income and the number of days the child spends with each parent. This can significantly reduce or even eliminate the support obligation depending on the custody arrangement and income disparity.

What happens if my ex-spouse refuses to provide financial information?

If your ex-spouse refuses to provide financial information during a modification proceeding, you can request the court to issue a subpoena or order compelling disclosure. The court may also impute income to the non-disclosing party based on available evidence, employment history, or earning capacity. Failure to comply with court orders can result in sanctions or contempt findings.

Can I modify child support if my ex remarries or has another child?

In Virginia, your ex-spouse's remarriage alone typically does not constitute grounds for modification unless it affects their financial circumstances in a material way (e.g., significant change in expenses or income). If your ex-spouse has another child, this may be considered, but the court prioritizes the support obligations for existing children. The birth of a new child to the paying parent may sometimes be a factor in modification if it materially affects their ability to pay.

Official Resources

For more information and official forms, consult the following Virginia resources:

Virginia Division of Child Support Enforcement (DCSE) — Official state agency handling child support enforcement and modification.
Virginia Code § 20-108.2 — Statute governing modification of child support orders.
Virginia Child Support Guidelines Calculator — Official state calculator for estimating child support.
Petition for Modification of Child Support (Form DC-644) — Standard form for filing modification petitions in Virginia.
Virginia Judicial System — Find your local court, forms, and procedural information.

Legal Disclaimer

This guide is provided for informational purposes only and does not constitute legal advice. Child support laws and procedures can be complex and vary based on individual circumstances. The information presented here is based on Virginia law as of the date of publication and may be subject to change.

For specific legal advice regarding your child support modification case, please consult with a qualified family law attorney licensed to practice in Virginia. An attorney can evaluate your unique situation, help you understand your rights and obligations, and represent your interests in court proceedings.