Modifying a child support obligation can seem like an uphill battle. The party seeking modification must demonstrate a material change in circumstances that justifies the modification and that the modification is in the child’s best interests.
However, there are a few common scenarios that are likely to necessitate a modification of child support. In these cases, a Virginia court will likely find the material change needed to modify the support order.
Financial Hardship
If you experience a significant financial hardship—such as a job loss, salary reduction, or medical emergency—it may warrant a modification of child support. It’s crucial not to wait until you fall behind on payments before seeking legal advice. A judge may be more inclined to grant your request for relief if you are current with your child support obligations.
Changes in Your Child’s Needs
As your child grows, their financial needs may change. For example, the cost of education, medical expenses, or extracurricular activities may increase. A significant change in your child’s needs could justify modifying the support order to ensure those needs are met.
Remarriage
Remarriage is another event that can potentially lead to a modification of child support. Whether remarriage justifies a change depends on several factors, including:
- The financial status of your new spouse (e.g., whether they are wealthy or not)
- Whether your new spouse has agreed to support your child
Your family law attorney will help you determine if remarriage warrants a child support modification in your particular case.
Seeking Legal Help
If you are considering a modification of your child support obligation or the other parent is seeking one, it’s important to speak with a qualified family law attorney. The attorneys at the DiPietro Family Law Group can review the facts of your situation and fight for the outcome you desire. With decades of experience handling family law issues, we are here to help.
Call us today to schedule a consultation at (888) 530-4374.