At the conclusion of family law cases, including divorce, custody, and support matters, the Court in which the case is pending will enter an order incorporating the parties’ agreement or the Judge’s ruling on the important issues that have been resolved. The order entered may include requirements for property division, child custody and visitation, child support, or spousal support. Under Virginia law, some rulings are final, but the court will retain jurisdiction to modify many important provisions of court orders. Certain steps must be taken to properly bring the case before the court and request modification or termination of the court’s order.

Virginia courts will, in most cases, not retain jurisdiction to modify orders resolving issues of property distribution. Those orders in divorce proceedings are generally not subject to modification. However, orders adjudicating custody, visitation, and support of children or support of spouses remain modifiable by a court upon the occurrence of a “material change in circumstances” that would justify the requested modification. Virginia law, specifically Section 20-108 of the Code of Virginia, requires that no support order may be modified retroactively, but any such order “may be modified with respect to any period during which there is a pending petition for modification in any court, but only from the date that notice of such petition has been given to the responding party.” In practice, the same rule applies to child custody and visitation orders, as no modification would occur until a judge makes a ruling, and the newly-ordered schedule would take effect following the entry of a new order. If a person is seeking a modification to any Virginia court order, it is very important that they consult an experienced family lawyer like those at Stiles Ewing Powers P.C. and file their petition for modification as soon as possible.

Modification of Custody and Visitation Orders

In custody and visitation cases, the court considering a modification will be considering the best interests of the subject child under Section Section 20-124.3 of the Code of Virginia, so anything which has changed and affects that child’s best interests may form the “material change in circumstances” that allows a court to modify an existing order. A wide variety of changes can affect a family with minor children. The attorneys at Stiles Ewing Powers have successfully petitioned courts for modification of existing child custody and visitation orders, citing some of these common changes in a family’s circumstances:

  • A parent’s work schedule or availability has changed in a way that does not permit him or her to exercise the currently ordered custodial schedule;
  • A parent’s relocation necessitates a change to the currently ordered custodial schedule
  • A minor child’s school or extracurricular schedule has changed in a way that no longer allows for the currently-ordered custodial schedule to operate;
  • A medical illness, substance abuse problem, or other changed circumstance of a parent has limited that parent’s ability to be a caregiver for the minor child as currently ordered;
  • A child has become older and has demonstrated different needs from his or her parents than those that formed the basis for the last court order;
  • A child has expressed a preference for a change in the currently-ordered custodial schedule;

Every case is unique, so the attorneys at Stiles Ewing Powers meet with our clients to determine what change in circumstances has occurred and whether the court is likely to deem that change “material” and sufficient to change the court order.

Modification of Support Orders

Child support and spousal support are modified frequently and require proving a “material change in circumstances” that positively or negatively affects a party’s income or the family’s financial needs. Stiles Ewing Powers family lawyers have successfully petitioned courts for modification of existing child and spousal support orders relying upon some of these common changes in a family’s financial condition:

  • A payor’s or a payee’s income has increased or decreased, affecting either the calculation of presumptively correct child support guidelines the payor’s ability to pay spousal support, or the payee’s need for spousal support;
  • A payor’s or a payee’s expenses have changed, affecting the payor’s ability to pay spousal support or the payee’s need for spousal support;
  • The cost of a child’s daycare or health/dental/vision insurance coverage has increased or decreased, affecting the calculation of presumptively correct child support guidelines.

Termination of Support Orders

Virginia law allows the termination of child support and spousal support upon the occurrence of specific “material changes in circumstances” that meet the requirements of specific statutes. Stiles Ewing Powers family lawyers have successfully terminated child and spousal support orders following the occurrence of some of the following:

  • A child has emancipated and is no longer subject to the court’s child support jurisdiction;
  • A child’s custodial arrangement has changed, affecting the calculation of presumptively correct child support guidelines
  • A spousal support payee has either remarried or cohabited with another person in a relationship analogous to a marriage for one year or more, permitting termination under Section 20-109 of the Code of Virginia. 

Those considering seeking a modification of an existing Virginia court order should contact the family law attorneys at Stiles Ewing Powers for a consultation as soon as possible. We have the help needed, and the experience wanted.