Legal Question in Family Law in Virginia
I obtained my divorce in Virginia. My support payment is based on income, but also upon the fact that I pay for my child's health & dental insurance. Some questions:
1) If my salary increases, should I just pay my spouse more even if there is no petition to change the terms of the divorce settlement?
2) If my wife decides to pick up the health & dental insurance, how do we change the settlement to accommodate that? Or should we do it without changing the terms of the settlement?
3) Is there a way I can get the necessary forms to petition the court myself, so that I don't have to pay a lawyer? Or perhaps a paralegal can do it? And do you know where I get the forms?
1 Answer from Attorneys
Any spousal support (alimony) set in the divorce settlement can be changed only if the settlement language permits revision. Any child support set in the divorce settlement can be changed based on a material change of circumstances, whether or not there is language in the settlement agreement to that effect.
The variables in child support are (1) the respective incomes of the parties, (2) the cost of work related child care for each of the parties, and (3) the cost of providing health & dental insurance coverage for the child over the cost of self-only coverage. When there is a material change in any of these variables the child support should change. If the divorce incorporated the divorce settlement agreement, AND the divorce settlement agreement included a provision to modify support in the event of changed circumstances, a written agreement between the parties modifying child support may be sufficient without a subsequent court order incorporating the changes in child support. Any changes agreed to should conform with the statutory guidelines for child support.
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