New Child Support Law Brings Good News to Expecting Mothers

You and the other parent of your child have been reasonable with each other over time. With small fluctuates in either party’s income, you usually left the child support order as-is unless it was going to have a negative impact on either one of your abilities to live comfortably. Now, you’re questioning if you should take the other parent back to court because of seeing them spending a lot more money than usual. All this time, you may have thought you were doing them a favor not asking for more, but seeing them have more spending money than you and noticing that your child is sometimes going without things you’d like them to have is making you upset. If you want to clear the air, it may be time to go back to court One of the better ways to find out exactly what the other person is earning and how much support they should be paying is by going back to court through seeking a child support modification. It’s appropriate to seek a modification in a few different circumstances, such as if the other person gets a raise or if your child needs more support that you can’t provide yourself. If you lose your job or lose hours, you might also ask the other parent to cover more. It can also be appropriate to go back to court if the other parent claims one income but seems to have much more. You might first try talking to them about how much they’ve seemingly been spending and how they’ve been able to afford those items. If they don’t want to discuss their finances, then you could talk to your attorney about seeking out more information or taking them back to court. Collect evidence of the other person’s spending to support your reason for returning to court and asking for a support modification. Once the other person knows that you’re willing to return to court, they may be willing to discuss the situation with you honestly or may be able to explain exactly how they’re affording big-ticket items while paying lower support than you think is adequate.

Court orders are a key component of divorce. A Virginia family judge will enter an order determining how to split up a couple’s property. If they share children, there will also be a custody order. In scenarios where one spouse has more assets or earning potential than the other, there could be a support order, as is the case with divorces involving minor children. Property division orders usually don’t receive any attention or revisions after divorce. The rare exception to this rule includes someone discovering hidden assets after the end of a divorce. However, custody and support orders can and arguably should change to reflect a family’s needs. When your situation changes, your custody order or support order may no longer be appropriate for your family. The best way to handle such a situation is to request a modification hearing and have the courts officially change your custody or support order. You can informally agree to anything, but the order remains enforceable Some people don’t want to go back to court after a litigated divorce, so they might consider trying to make arrangements directly with their ex instead of asking for a modification. In theory, you could agree to change custody arrangements or even shift how much child support one parent pays the other. However, informal agreements are dependent on the goodwill between spouses. As long as the original order remains unchanged, there is the risk of one parent choosing to weaponize the informal agreement against the other. They could call and claim that their ex has not shown up for visitation or engaged in parental kidnapping despite a verbal agreement to change the division of parenting time. A parent who agreed to spend more child support to help cover additional costs for the children might suddenly stop sending extra, while a spouse who agrees to lower payments because the paying spouse has lost their job could ask for enforcement despite verbally agreeing to the lower amount. Modifications give you protection in the form of an updated court order Whether you need more child support or can’t show up for your current ordered parenting time, a modification protects you from inappropriate enforcement actions. It also officially notifies the courts of the change in your circumstances. As with a divorce filing, you and your ex could agree to terms and file for an uncontested modification, or you could disagree and have contested proceedings. The courts will look at your circumstances and once again focus on the best interest of the children and the financial factors that influence spousal support when deciding what changes, if any, to make. Asking for a modification can protect you, your finances and even the relationship with your children.