Modification of Support Orders

Spouses seeking divorce will not want to compromise the welfare of their children. That is why Virginia laws put emphasis of Child Support concerns. Legislation requires both parents to provide financial support for basic necessities like food, clothing and shelter. In this State, this order is usually terminated once the child turns eighteen and graduates from high school. However, courts may find it fit to extend the mandate if the child is physically or mentally incapacitated and not capable of self-support.

Modifications

Child support in the state of Maryland depends on a prescribed formula of child support procedures. The court can incorporate the incomes of parents as well as health care costs for children and work-related child care expenses. Guidelines can be modified and child support is reduced.

If the non-custodial parent cares for the children for more than three months each year, the judges may move away from the guidelines if necessary for the best interests of every child. It may also happen that a parent is unemployed or underemployed (of their own account). Support is computed based on earnings of each parent.

Any party wishing to amend child support must prove that there is such a thing such as “material changes in circumstances.” This should have taken place to extend the mandate welfare of their children. since child support was last computed and that such change justifies a modification of support. Variations in income along with cost of child care, insurance policies or incomes are common reasons to seek modification of support. Formal revisions to the previous support order are the only means of changing child support. This can be done through a voluntary agreement or court order to revise the agreement.

Material Changes

The Court can change a prevailing Support Order provided there is a material change in circumstance since the order was recorded. The change can be an increase of income of one spouse; birth of other children of paying spouse; loss of employment; considerable increase in medical costs for dependents; or, additional cost of day care in case a custodial parent wishes to return to work. Once a change in circumstance has been verified, courts will evaluate the financial information provided to determine the amount of new support. If you are a resident in Virginia and need help in the modification of your child support order, call us for a consultation today. The Law Office of David Bach looks forward to providing you competent and effective legal advice.

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