What happens if the amount of child support payable is more than the paying parent can afford?
In Virginia, a parent may be facing an amount of child support payable that may be more than they can afford. In such cases, the parent may seek a modification of their child support obligation. A modification is a change to the child support order that can be requested by either parent or the guardian ad litem. To request a modification, the parent must file a motion with the court making the request. The parent must provide evidence to support the claim, such as proof of a substantial decrease in income or an increase in financial obligations. The court will consider all evidence before making any changes to the child support order. In some cases, the court may decide to lower the amount of child support payable in order to make it more affordable for the paying parent. For example, if the paying parent was laid off, the court may lower the amount of child support to reflect the lower income. The court may also order the paying parent to pay a reduced amount until they are able to become financially independent once again. In any case, the court will always take the best interests of the child into consideration when deciding on any modifications to the child support order. If the court finds that a modification is necessary to ensure that the paying parent can still afford to pay their child support obligation, then a modification may be granted.
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