Welcoming another child can bring new expenses to your household. If you already make support payments, you might wonder whether those added costs could lower what you pay. In Virginia, different rules apply when courts calculate support and consider changes to an existing order.
How do other children factor into the guidelines?
State law presumes a deduction from your gross income for another natural or adopted child in your household or primary physical custody, subject to statutory limits. The court separately considers your circumstances when deciding whether to change an existing order.
The calculation may also subtract from your gross income any support you actually pay for another child under an existing court or administrative order or written agreement.
What can you do if your situation changes?
Your current payments remain in place when your family grows. State law generally does not allow support orders to be changed retroactively before the appropriate modification process begins.
Depending on your order, you may request a review through the Virginia Division of Child Support Enforcement. You may also need to ask the court for a change. If you decide to request a review, it may help to gather:
- Records showing your current income
- Copies of other orders or agreements
- Proof of payments you make for another child
- Information showing which children live in your household
These records can help show how your financial and household circumstances have changed since the current order took effect.
Understand your options before seeking a change
Reviewing your income, other support obligations and current order can help you see how your circumstances fit within the guidelines. If you are unsure whether a review makes sense, an attorney can explain how the rules apply to your situation and what options may be available.