How to Modify Child Support in Virginia: Filing Steps and Effective Date

By the FigureMyTax Editorial Team · How we calculate

To modify Virginia child support, file a petition and make sure the other party gets notice. A change reaches only the period after notice, so file as soon as your circumstances change.

How do you modify child support in Virginia?

1. Run the guideline amount in the Virginia child support calculator and test the gap in the modification calculator.
2. File a petition stating the reasons for the relief sought, in the court that entered the order or where it is enforced; a parent, the court itself, a probation officer or the Department of Social Services can start it (20-108).
3. Make sure the other party receives notice. Only support after notice can change.
4. Show the material change with income records, the worksheet and proof of any change in the child’s needs.
5. Keep paying the existing order until the court changes it.

Why does notice matter in Virginia?

Because an order may be modified only for a period during which a petition is pending, and only from the date notice of the petition was given to the responding party (20-108). A change in January and notice in July leaves six months at the old amount.

What must the new order say?

Support orders, including modifications, must state the monthly amount and effective date; in a modification the effective date may be the date of notice to the responding party, and the order must carry notices about withholding, license suspension at 90 days or $5,000 and support past 18 (20-60.3).

Can the court order health insurance or life insurance?

Yes. The court may order either or both parties to provide health care coverage or cash medical support, and may order a party to keep an existing life insurance policy and name the children as beneficiaries for as long as the party owes support (20-108.1(C), (D)).

Who gets the tax exemption?

Unless the parties agreed otherwise, the court may order one party to sign the forms that give the other the dependency exemption and credits (20-108.1(E)). Raise it in your petition.

Can Virginia parents just agree to a different amount?

A court order changes only by a new court order; an informal agreement does not modify it. Ask the court to approve any agreed change so the amount you owe is not left in doubt (20-108).

Is there a Virginia expedited path for military parents?

Yes. A member of the armed forces or a reserve component who files, or is party to, a petition on custody, visitation or support based on a change due to deployment is entitled to have it expedited on the court’s docket (20-108).

What must the Virginia court do with the guideline?

It presumes the guideline amount is correct and must make written findings if it departs; the worksheet used goes into the court’s file (20-108.2).

How much does a late filing cost? An example

If notice is given 3, 6 or 9 months after your change, the relief you lose at a $300 monthly difference is:

What happens to unpaid support while the case is pending?

It stays owed as a final judgment. See whether Virginia arrears expire or can be forgiven and add up your balance.

Frequently asked questions

Official sources

• Va. Code 20-108: revision of decrees; no retroactive modification
• Va. Code 20-108.1: determination of support; incarceration
• Va. Code 20-108.2: guideline; shared custody; material change limits
• 42 U.S.C. 666(a)(9): no retroactive modification of support already due
• 45 CFR 302.56: federal guideline requirements

This is general information, not legal advice. It is based on the cited Virginia statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Virginia attorney.