Under common law, a new child has no bearing on a support order. The common belief was that a parent’s first children received priority.

While this is the case, that rationale is becoming outdated. The current view in many places, including Virginia, is that all of a parent’s children should have their needs met.

The guidelines allow for an income deduction for natural or adopted children (who are not subject to the present support order) to support this idea.

The guidelines’ deviation standards provide evidence of a new child’s relevance. Actual monetary support for other family members is one element a judge may consider.

A new child certainly fits within this group. While this is the case, becoming financially responsible for a new child does not automatically result in a material change in circumstances.

It is just something the court can consider when evaluating whether to alter a support order. So, if you recently had a new child, you should work with your child support lawyers and find out if you can have your child support amounts reduced.

Can the recipient ask the court to increase child support?

In some situations, the beneficiary may seek the court to enhance child support if the payor has additional children with another person. In such a case, the payor may have to locate another work to support both children.

As a result, the beneficiary could request that the court enhance child support based on the payor’s higher income. You should note that the court would most likely deny the recipient’s motion to adjust child support if the payor’s additional income supports the new kid.

Which are the acceptable grounds for child support modification?

A variety of circumstances might impact your income, causing it to climb and decline from year to year, even if your wage remains constant.

While this is the case, no matter how unpredictable the fluctuations are, they do not justify modifying the child support arrangement.

Inflation, purchasing a more expensive home, being sued, remarrying, or other comparable circumstances are not valid reasons to change a child support decision.

Possible justifications for a change include:

Job loss. If one or both parents lose their jobs, the sequence may change. If the paying parent loses their job, the support may decrease; however, if the custodial parent loses their work, the support may increase. While this is the case, voluntarily quitting a job rather than being laid off or fired is unlikely to persuade the court to amend an order, so don’t quit your work thinking that you will be let off paying child support.

Change in income by at least 25%. If either parent’s annual income significantly increases or decreases, the order may be adjusted to reflect this. Examples include a job promotion or demotion, inheritance, a career shift, the sale of property, or another significant change in income.

Medical conditions or disabilities. If a parent or a child under the order becomes ill or incapacitated, the order may be changed to reflect the new circumstances.

Significant increase in the expense of child care. A 25% rise in daycare costs, school tuition, insurance premiums, continuous medical bills, or other required expenditures may justify a change.

Change in a child’s status. If one of the children covered by the order reaches the age of 18, graduates from high school, or gets emancipated, the order can be amended to reflect supporting fewer children.

The addition of extra children. If the paying parent becomes financially liable for more children due to a subsequent divorce, paternity action, or remarriage, the amount owing under the initial order may be decreased.

As mentioned above, you should work closely with your lawyers and prepare the relevant documents.

Whether you request the modification as the paying or custodial parent, you must present solid justification for the change to the court or the Virginia Department of Social Services.

If you are the paying parent, you cannot just cease making payments or change the amount without an official amendment.

A new spouse may be relevant for child support

As previously stated, a new spouse is not needed to support your children from a previous relationship. Aside from that, the presence of a new spouse may impact your ability to modify an existing child support arrangement.

A Virginia court case explains why this is so. The court stated that remarriage may affect a parent’s ability to provide child support. How is this so? The verdict mainly addresses the impact on a parent’s costs.

For example, suppose your new spouse contributes to home expenses such as mortgage or rent, electricity, and groceries. The more your spouse gives, the less personal income you have to spend on those expenses.

As a result, you will have more money to support your children. The court can use this scenario to determine whether a child support modification is warranted.

Modifying a child support order.

Can parents amend an existing child support order? Certainly, however, to do so, the parent seeking the modification must ask a court to modify the existing child support order and demonstrate that there has been a meaningful change in circumstances that supports increasing the support amount.

You must also disclose relevant information about your ability to pay for support.

The court will consider all relevant evidence from both sides. In light of this, there is no certainty that the court will change the support order.

Conclusion

If you have new children and are wondering whether you can reduce the money you pay for child support, yes, you can, but the process isn’t straightforward.

You should consult your family lawyers Fairfax VA, file an amendment case in your local court, and try to convince the judge why they should reduce the amount.