Modifying and Enforcing Custody and Support Orders in Virginia
Life after divorce or separation rarely stays the same. Jobs change, children grow, and financial circumstances shift. Because of this, Virginia law allows custody and support orders to be modified when necessary and provides legal mechanisms for enforcement when a parent does not comply.
At the Law Office of Li-Shann Durst, PLLC, we help parents in Ashburn, Loudoun County, and Fairfax County understand when modifications are possible and how to enforce existing orders.
When Custody Orders Can Be Modified
Virginia courts may modify a custody order if there has been a material change in circumstances and if the modification serves the child’s best interests.
Examples include:
A parent relocating for work
A child’s educational or medical needs changing
A parent’s work schedule shifting significantly
Safety concerns, such as evidence of neglect or abuse
Courts will always focus on what arrangement best supports the child’s well-being.
Modifying Child Support
Child support orders may also be modified if there is a substantial change, such as:
A parent’s income significantly increases or decreases
A parent loses a job or becomes disabled
A child develops new medical or educational needs
Changes in child custody arrangements
Parents should never stop or reduce payments without a court-approved modification. Doing so can result in serious legal consequences.
Enforcing Custody and Support Orders
Unfortunately, some parents fail to follow existing court orders. Virginia law provides several enforcement mechanisms, including:
Contempt of court proceedings
Wage garnishment for unpaid child support
Driver’s license suspension for non-payment
Tax refund interception
Law enforcement involvement in extreme custody violations
These measures are designed to ensure children receive the care and support they need.
The Role of Mediation and Negotiation
Not all modifications or enforcement actions require immediate litigation. Sometimes, issues can be resolved through:
Negotiation: Attorneys help parents adjust schedules or payments by agreement.
Mediation: A neutral mediator facilitates compromise.
Collaborative Law: Parents work with professionals to find solutions outside of court.
However, when agreement is not possible, court intervention may be required.
FAQs About Custody and Support Changes in Virginia
Can I modify custody if my ex-spouse is moving?
Yes. Relocation is often considered a material change that may warrant modification.
Can child support be reduced if I lose my job?
Possibly. Courts may adjust support if income changes substantially, but you must file a petition.
What happens if my ex refuses to follow the custody schedule?
You may file an enforcement action with the court. Judges can impose penalties for noncompliance.
Related Services
Speak with a Family Attorney
If you need to modify or enforce a custody or support order in Virginia, we are here to help.
📞 Call the Law Office of Li-Shann Durst at (703) 443-4762 or schedule a confidential consultation.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Every case is unique. Please consult an attorney for advice specific to your situation.
