What happens if the amount of child support payable is more than the paying parent can afford?

In Virginia, if the amount of child support payable is more than the paying parent can afford, the court can modify the amount of support owed. This process is called an “Order for Modification”. The modification can either decrease or increase the amount of child support, depending on the circumstances. To modify the amount of child support, the paying parent must submit an application to the court. The application must specifically explain why the payment should change. If the judge agrees that the paying parent cannot afford to pay the current amount of child support, the judge may reduce the amount to a more reasonable level that the paying parent can afford. If the paying parent fails to make child support payments, the court may take action against them. The judge may garnish the parent’s wages to collect the owed amount, place a lien on their property, suspend their driver’s license, or even issue a jail sentence. In extreme cases, the paying parent could even face criminal charges. If the paying parent is no longer able to make payments due to a sudden change in circumstances such as a job loss or illness, it is important to notify the court right away. If the paying parent is delinquent in their payments, it is important to pay what is due as soon as possible. In either case, the paying parent should be prepared to prove to the court why the amount should be changed. The court will then decide whether or not to grant a modification to the child support order.

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