Child Support Guide
Modifying Child Support in Virginia
A child support order reflects the financial circumstances at the time it was entered. When those circumstances change significantly — a job loss, a promotion, a change in custody, or a change in the child’s needs — Virginia law allows the order to be revisited. Acting promptly matters: support does not adjust automatically, and arrears that build before a modification is approved are not easily erased. Shawna L. Stevens has handled support modifications in Fredericksburg-area courts for more than 20 years.
Serving Fredericksburg (22401, 22405, 22406, 22407, 22408), Stafford County, Spotsylvania County, King George County, and Caroline County.
Shawna L. Stevens
Family Law Attorney, Fredericksburg VA
J.D., Thomas M. Cooley Law School — graduated summa cum laude — Licensed by the Virginia State Bar — practicing exclusively Virginia family law for more than 20 years.
The Legal Standard for Modification
To modify a child support order in Virginia, the requesting party must show a material change in circumstances since the last order was entered. Under Virginia Code § 20-108, the change must be significant — not minor or temporary. Courts will not reopen a support order every time income fluctuates slightly. The change must genuinely affect the appropriateness of the existing support amount.
Virginia also provides that when either party requests a review of a support order that has been in effect for three years, the court will recalculate support under the current guidelines without requiring a showing of material change. This periodic review mechanism allows adjustments as children age and costs change even when there is no dramatic change in circumstances.
Common Grounds for Modification
Significant Income Change
A substantial and lasting increase or decrease in either parent’s income is the most common basis for modification. A job loss, a significant promotion, the start of a new business, or retirement can all support a modification request. Courts distinguish between temporary income disruptions and genuine long-term changes. A parent who loses a job and immediately finds comparable work will have difficulty showing a material change; a parent who remains unemployed for months and takes a significantly lower-paying position has a much stronger case.
Change in Custody Arrangement
Child support and custody are closely linked under Virginia’s guidelines. If the custody arrangement changes — particularly if the non-custodial parent begins spending significantly more time with the child, crossing the 90-day threshold for shared custody — support should be recalculated. Conversely, if primary custody shifts from one parent to the other, the support obligation may reverse direction. Custody changes should always be evaluated alongside their effect on support.
Change in the Child’s Needs
A child’s medical diagnosis, special education requirements, or other significant needs that materially increase the cost of the child’s care can support a modification. Childcare costs change as children grow and move through different stages — when a child starts or leaves daycare, the support calculation changes. These practical changes, when documented, support a modification request.
Changes in Health Insurance
Health insurance costs for the child are a component of the support calculation. If the parent covering the child loses employer-sponsored coverage, obtains much cheaper or more expensive coverage, or if the other parent becomes able to cover the child, the insurance component of support should be updated. These changes can affect the final support number in either direction.
Why Timing Matters
The modification of a support order is generally effective from the date the motion to modify is filed — not from the date circumstances changed. This means that if a parent loses their job in January but does not file for modification until April, they will owe the full support amount for January through April regardless of their income during that period. Arrears that accumulate before a modification is filed are almost never retroactively forgiven.
Filing promptly when circumstances change is not just legal strategy — it protects a parent from accumulating arrears they cannot pay, which can lead to driver’s license suspension, tax refund intercepts, and other enforcement mechanisms.
Questions We Hear Often
Can we agree to modify support without going to court?
Parents can agree to change the support amount, but an informal agreement is not enforceable. If the paying parent reduces payments based on an oral agreement and the receiving parent later demands full payment, the paying parent will owe the full amount under the existing order, potentially including arrears. Any modification should be formalized in a consent order signed by the judge and filed with the court.
What if the other parent is hiding income?
If you believe the other parent is underreporting income — common with self-employment, cash businesses, or deliberate underemployment — discovery tools are available. Financial records, tax returns, bank statements, and in some cases forensic accounting can establish actual income. Courts can impute income to a parent who is found to be voluntarily underemployed or who has deliberately obscured their finances.
When does child support end in Virginia?
Virginia child support obligations end when the child turns 18 or graduates from high school, whichever is later, but not beyond the child’s 19th birthday. Support may also terminate earlier if the child becomes emancipated by marriage or military service. Support does not end automatically — a parent who stops paying before filing a motion to terminate risks accumulating arrears that will be enforced.
Talk to a Child Support Attorney in Fredericksburg
Whether you need to reduce an unaffordable obligation or ensure a support order reflects the other parent’s actual income, getting the timing right matters. Contact Shawna L. Stevens PLLC to schedule a confidential consultation.
Fees are discussed directly at your consultation and are based on the specifics of your case.
Phone: (540) 310-4088
Email: [email protected]
Address: 307 Lafayette Blvd, Suite 200, Fredericksburg, VA 22401
Part of our Child Support Guide • Related: Support Guidelines • Support Enforcement • Support Overview