Legal Question in Family Law in Virginia
Virginia Child Support Order - My son's father is behind on the support order about $22,000. He recently requested a review of the order in the attempt to lower the monthly payment. Would it be common practice for Virginia to lower the monthly payment since he owes so much in arrears or do you think will raise the monthly obligation?
2 Answers from Attorneys
First of all, you haven't specified who these Virginia authorities
are who would be making this determination, i.e., DCSE or a Virginia Court
(and if the latter) which one which could make a difference in what answer
might be given.
Until such as the above as well as other relevant information concerning
the particular circumstances of the obligor (father) now motivating this request, e.g., family health crisis, job loss or reduction in work schedule, new child born or adopted into obligor's current family, etc., no reliable answer
to this question can be provided (in my opinion).
The father will need to prove a material change in circumstances in order to get a reduction of support, and owing you $22,000 is not a material change in circumstances. The new support level will be based on your gross income and his gross income, health insurance costs and who pays, and child care costs and who pays.
The court (or DCSE) may depart from the statutorily mandated child support guidelines because of his substantial arrears, but may very well not consider a deviation for that reason.