Meenakshi H. Rajan, Esquire ©
When parents end their relationship with each other, whether or not they were ever married, there are usually legal documents that tie them together by defining each parent’s obligations to those children. For example, there is often a court order that governs child support. Using formulas provided by Virginia laws, one parent will generally be responsible for paying the other monthly child support. The amount of support varies depending on the income of each parent, the amount of time the children spend with each parent, and several other factors.
Parents can modify child support if there has been a significant change (referred to by the law as a “material change in circumstances.”). For example, if one parent has a raise of $100 a month, mostly likely there will not be a sufficient change in child support to be considered material. However, if one parent has an income increase of $50,000 a year or loses a job, the impact on child support can be large. Another example of a material change may include if a child stops attending work-related childcare, or when a child turns 18 and/or graduates from high school.
It is often hard to determine if there has been a material change to a parent’s income. When you are no longer together, you do not always know about the other parent’s job changes or raises. One way to address this problem is to agree to an annual exchange of income-related documents. This can be written into an agreement or court order. Typically, both parents will have their income-related documents available by mid-March, in time for tax season. So, a mutual exchange of documents in April is usually feasible.
It is not always financially advantageous to modify child support for a small change, especially if the other parent is uncooperative. Therefore, it helps to have a professional analyze the numbers with you before you make a decision about pursuing a modification. An attorney can also help you consider other relevant factors, such as a child’s special needs or the other parent’s underemployment.
If you have questions about what whether your unique situation involves a material change in circumstances as it applies to child support and are not currently represented by an attorney, we encourage you to reach out to the attorneys at The Myerson Law Group, P.C. We can help you navigate the legal system and determine if it makes sense for you to pursue a child support modification at this time.