How a Virginia child support order is changed (2026)
A Virginia child support order changes only when a court revises it, either on a parent's petition or after a review by the Division of Child Support Enforcement (DCSE), and the court needs a material change in circumstances. A change can reach back only to the date the other parent was given notice of the petition (Code of Virginia § 20-108). In DCSE reviews, a material change is deemed to exist when the guideline amount differs from the current order by at least 10 percent and at least 25 dollars a month (§ 63.2-1921 C).
How is a child support order changed in Virginia?
Only by a new order. Under Code of Virginia § 20-108, the court may revise a support decree on the petition of either parent, on its own motion, or on the petition of a probation officer or the Department of Social Services. The petition must give the reasons for the change. There are two routes:
- A petition to the court that entered the order, or the court that now has the case.
- A review by the Division of Child Support Enforcement (DCSE). DCSE reviews both parents’ income and expenses. If its order is an administrative one, DCSE updates it; if it is a court order, DCSE reports its findings and a proposed modified order to the court, and any change must be entered by the court (§ 63.2-1921 A).
What counts as a material change in circumstances?
Virginia courts change support when circumstances have materially changed. The statutes name some situations:
| Situation | What the statute says |
|---|---|
| A parent is incarcerated for 180 or more consecutive days | A material change on which modification may be based (§ 20-108.1 B 3) |
| A parent consistently does not use the shared custody time the award was based on | A rebuttable presumption that the award should be modified (§ 20-108.2 G 3 (e)) |
| A parent becomes responsible for a new child | Not by itself a material change (§ 20-108.2 C) |
| A parent stops extra work taken on to pay off a support arrearage | Not a material change (§ 20-108.2 C) |
| A DCSE review finds the guideline differs from the award by at least 10 percent and at least 25 dollars a month | Deemed a material change (§ 63.2-1921 C) |
Other changes, such as a change in either parent’s income, in the children’s needs, or in child care or health costs, are weighed by the court on the facts.
How much would the amount change?
The new amount is worked out with the guideline at the parents’ current incomes and circumstances. For one family where the other parent’s income rises from $6,000 to $7,000 a month:
| Other parent’s income | Guideline a month |
|---|---|
| $6,000 | $750.60 |
| $7,000 | $848.91 |
A change in parenting time can matter more than a change in income, because Virginia’s shared custody formula starts above 90 days a year:
| Days a year with the other parent | Formula | Support a month | Paid by |
|---|---|---|---|
| 60 days | Sole custody | $750.60 | the other parent |
| 90 days | Sole custody | $750.60 | the other parent |
| 91 days | Shared custody | $614.19 | the other parent |
| 146 days | Shared custody | $350.28 | the other parent |
How often can the Division of Child Support Enforcement review an order?
DCSE says most orders can be reviewed every 36 months, counted from when the order was first set or last reviewed. A review can happen sooner after a major change, such as a change in income, a change related to a child, or a change in child care or health care costs, and some reviews start automatically. A review does not always lead to a change; if none is needed, the 36 months start again. A review can be requested online by starting the Request for Review and Adjustment in the MyChildSupport portal, or by downloading the form from DCSE’s forms page and uploading it there; DCSE Customer Service and the district offices also take requests. A petition to the court uses form DC-630, Motion to Amend or Review Order, on the courts’ Juvenile and Domestic Relations District Court forms page.
When DCSE proposes a modified court order, either parent can ask for a hearing within 30 days of being notified. Without a request, the court enters the order, effective from the date notice of the review was served. If the original order deviated from the guideline, DCSE schedules a hearing instead (§ 63.2-1921 A and B).
Is a change in child support retroactive?
Only back to the date the other parent was given notice of the petition. Section 20-108 says no support order may be retroactively modified, but it may be modified for any period while a petition is pending, from the date notice of the petition was given to the responding parent. Every Virginia order states its effective date, and in a modification it may be the date of notice (§ 20-60.3, item 7). Support that fell due before then stays owed, with interest unless it is waived; see back child support in Virginia.
Does a parent losing a job change support?
It can be grounds for a review, but it does not change the order until a new order is entered. A court can base support on the income a parent could earn when the parent is voluntarily unemployed or underemployed, and it weighs the good faith and reasonableness of a change of job (§ 20-108.1 B 3). See low incomes and imputed income.
Do changes in the law change existing orders?
An existing order does not change by itself when the guideline changes. The schedule updated by chapter 702 of the 2025 Acts of Assembly, in force from 1 July 2025, applies when support is next set or modified. Separately, § 20-108.1 F says amendments to § 20-108.1 are not retroactive and are not by themselves a material change; § 20-108.2 has no matching sentence about the schedule.
Are military deployments handled differently?
A service member who files or is a party to a petition to change custody, visitation or support because of a parent’s deployment is entitled to have the petition expedited on the court’s docket (§ 20-108).
What this guide does not cover
This guide does not cover court filing procedures or fees, how courts decide whether a particular change is material, enforcement of unpaid support, or orders from other states. The amounts shown are guideline estimates, not legal advice. The engine also leaves out these parts of Virginia’s guideline:
- Half of any self-employment tax paid is also deducted from income (not modeled).
- Reasonable and necessary unreimbursed medical and dental costs are shared in proportion to gross income as they are incurred, outside the monthly amount (§ 20-108.2 D, not modeled).
- Deductions for other children are not modeled: support paid for other children under an order or written agreement, and the schedule amount for a parent's own children living with that parent (§ 20-108.2 C).
- Disability benefits paid to the children from a parent's entitlement count as that parent's income and are credited against support (§ 20-108.2 C); not modeled.
- Low income is not modeled beyond the minimum: when the paying parent's gross income is at or below 150% of the federal poverty level, a court may set less than the statutory minimum, and the minimum does not apply to some parents (for example those imprisoned for life or totally and permanently disabled) (§ 20-108.2 B). Shared custody support is not presumed correct when either parent's income is that low (G 3 (d)).
- Days are counted as whole days; the half-day rule for an overnight of less than 24 hours (§ 20-108.2 G 3 (c)) is not modeled.
- Split custody, different schedules for different children, and mixes of sole, split and shared custody (§ 20-108.2 G 2, 4 to 6) are not modeled.
Run your own numbers
This guide's example: in Virginia, 1 child; the parent the children live with earns $4,000 a month and the other parent $7,000, before tax; 0 days a year with the other parent. The guideline amount is $848.91 a month. Change any number in the calculator and every step of the formula updates.
Open this family in the Virginia calculatorQuestions
How is a child support order changed in Virginia?
By a new court order. A parent can file a petition with the court that entered the order, or ask the Division of Child Support Enforcement for a review; for court orders, DCSE proposes a modified order to the court (§ 20-108; § 63.2-1921).
What counts as a material change in circumstances in Virginia?
The statutes name some: incarceration for 180 days or more, and a parent consistently not using the shared custody time the award was based on. In DCSE reviews, a guideline amount at least 10 percent and at least 25 dollars different from the current award is deemed a material change (§ 63.2-1921 C).
How often can child support be reviewed in Virginia?
The Division of Child Support Enforcement says most orders can be reviewed every 36 months from when the order was set or last reviewed, and sooner if there is a major change, such as in income, a child's situation, or child care or health costs.
Can I request a child support review online in Virginia?
Yes. The Division of Child Support Enforcement lets a parent start a Request for Review and Adjustment in the MyChildSupport portal, or download the form and upload it there. The form can also be requested from DCSE Customer Service or dropped off at a district office. A parent filing with the court instead uses form DC-630, Motion to Amend or Review Order, in the juvenile and domestic relations district court.
Is a child support modification retroactive in Virginia?
Only back to the date the other parent was given notice of the petition. No support order can be changed for any period before that (§ 20-108).
Did the 2025 schedule update change existing orders?
No order changed by itself. An existing order stays as it is until a court modifies it.
Sources
- Code of Virginia § 20-108, Revision and alteration of such decrees
- Code of Virginia § 63.2-1921, Authority to initiate reviews of certain orders
- Code of Virginia § 20-108.1, Determination of child or spousal support
- Code of Virginia § 20-108.2, Guideline for determination of child or spousal support
- Code of Virginia § 20-60.3, Contents of support orders
- Learn More About Child Support Orders
- Forms: Review and Adjustment Online Packet
- Juvenile and Domestic Relations District Court forms, Domestic Relations (DC-630)
- Figures on this page are computed by the Coparent Math engine with Virginia's rules in force on 2 Nov 2026 unless a table says otherwise, from:
- Code of Virginia § 20-108.2, checked 2 Nov 2026
- 2025 Acts of Assembly, Chapter 702 (SB 805), chaptered text, checked 2 Nov 2026
- Child Support Guidelines Review Panel, Review of Virginia's Child Support Guidelines (RD397, December 2013): Key Changes (1) and Appendix C, checked 2 Nov 2026
Related guides
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Related
- When child support ends in Virginia (2026)Virginia child support generally ends when the child turns 18. It continues past 18 for a child who is a full time high school student, not self supporting, and living in the home of the parent receiving support, until the child turns 19 or graduates from high school, whichever comes first (Code of Virginia § 20-124.2 C). A court can also order support for an adult child with a severe and permanent disability that began before 18, and parents can agree to extend support.
- Shared custody child support in Virginia (2026)Virginia uses its shared custody formula when each parent has the children for more than 90 days a year. The schedule amount is multiplied by 1.4, each parent owes their share for the time the children spend with the other parent, and the difference is paid. The shared figure applies unless a parent shows the sole custody figure is lower.
- Back child support (arrears) in Virginia: interest, enforcement and jail (2026)In Virginia, each child support payment that is not paid when due becomes a judgment by operation of law, and the arrears carry interest at the judgment rate of six percent a year unless the parent owed support waives it in writing (Code of Virginia §§ 20-60.3, 20-78.2, 6.2-302). Arrears are collected through income withholding, liens, tax refund offsets, credit reporting and license suspension, and a court can jail a parent for up to 12 months for contempt (§ 16.1-278.16). Arrears cannot be reduced retroactively, and they stay owed after the child turns 18 or 19.
In the same hub
- Virginia child support by income (2026)Virginia child support depends on both parents' gross incomes and the number of children. When the other parent earns $5,000 a month ($60,000 a year) and the parent the children live with earns $4,000, the guideline is $664.44 a month for one child and $977.78 for two, before health insurance, child care or shared custody. The tables below give the amount at other incomes.
- Child support for more than one child in Virginia (2026)Virginia's schedule has a column for each number of children from one to six, and each extra child adds less than the one before. For the same family, two children cost more than one but not twice as much: with incomes of $4,000 and $6,000 a month, the guideline is $750.60 for one child and $1,094.40 for two. Children from other relationships are handled by deductions from income, and split custody has its own formula.
- Child support above the Virginia schedule (2026)Virginia's schedule stops at $42,500 of combined monthly gross income, but support does not. Above that, the schedule amount at $42,500 is increased by a fixed percentage of the combined income above it: 2.6% for one child, 3.4% for two and 3.8% for three. The total is then split by income share like any other Virginia case.
- Health insurance, medical bills and child care in Virginia child support (2026)Virginia adds the cost of the children's health, dental and vision coverage, and child care needed because the parent the children live with works, to the basic obligation from the schedule. The total is split by income share, and a parent who pays the premium directly gets credit for it. Reasonable and necessary medical and dental bills that insurance does not cover are also shared in proportion to income, but outside the monthly amount (Code of Virginia § 20-108.2 D, E, F, G).
- Self-employment and imputed income in Virginia child support (2026)For a self-employed parent, Virginia counts gross receipts minus reasonable business expenses, and deducts half of any self-employment tax paid; the parent claiming the expenses has to prove them (Code of Virginia § 20-108.2 C). When a parent is voluntarily unemployed or underemployed, a court can base support on the income that parent could earn, within limits set by § 20-108.1 B 3.
- Child support at low incomes in Virginia (2026)At low incomes Virginia uses the bottom rows of its schedule, and when the sole custody amount would fall below what § 20-108.2 B calls the statutory minimum, that minimum is presumed instead. The subsection does not state a dollar figure; the words stand for the schedule's lowest amount for the number of children, $68 a month for one child. A court can set a lower amount when the paying parent's gross income is at or below 150 percent of the federal poverty level and there is no ability to pay, and some parents are exempt from the minimum altogether.
The same topic in other states
- Changing a child support order in Texas (2026)A Texas court can modify a child support order in two cases: when the circumstances of the child or a person affected by the order have materially and substantially changed, or when it has been three years since the order was made or last modified and the monthly amount differs from the current guideline amount by either 20 percent or $100 (Texas Family Code § 156.401). Only a new order changes the amount; parents can apply to the Attorney General's Child Support Division for a review or file in court.
- Modifying a child support order in New York (2026)A New York child support order can be modified when there is a substantial change in circumstances, when three years have passed since it was entered, last modified or adjusted, or when either parent's gross income has changed by 15 percent or more since then (Family Court Act § 451(3); Domestic Relations Law § 236(B)(9)(b)(2)). Parents can opt out of the three-year and 15 percent grounds in a validly executed agreement or stipulation. Separately, the Child Support Program reviews orders it handles every two years for a cost of living adjustment.
Comparisons
- New York vs Virginia child support: which state is higher? (2026)For most middle income families New York's guideline is higher. For two children with incomes of $4,000 and $6,000 a month it is $1,385.25 in New York and $1,094.40 in Virginia, and New York support runs to 21 rather than 18. Virginia can come out lower still with shared custody, which its formula uses and New York's does not, while at very high incomes Virginia, which has no cap, can be higher.
- Texas vs Virginia child support: which state is higher? (2026)It depends mostly on two things: the income of the parent the children live with, and custody time. Texas looks only at the paying parent's net income, so for two children and a paying parent earning $6,000 a month it is $1,239.21 whatever the other parent earns. Virginia uses both incomes and is $1,094.40 when the other parent earns $4,000, and $258.86 with 182 days a year of shared time. When the parent the children live with has no income, or at very high incomes, Virginia can be higher.
More about Virginia
- Child support and your tax refund: the offset rules (2026)Yes. Under 42 U.S.C. § 664, the Treasury withholds a federal tax refund to pay past-due child support that a state child support agency has certified, and sends the money to that state. A case qualifies when at least $150 is owed on support assigned to the state for public assistance, or at least $500 in other cases (45 CFR 303.72). The state must send a notice first that explains how to contest the amount, and a spouse on a joint return can claim their share back with IRS Form 8379.
- Child support when parents live in different statesWhen parents live in different states, the court that sets support applies its own state's law and guideline (Texas Family Code § 159.303). A state can make an order against a parent who lives elsewhere only on one of the jurisdiction bases in the Uniform Interstate Family Support Act (§ 159.201); otherwise the case is heard in the other parent's state, with the two states' child support agencies working together. An order from another state is registered to be enforced, and in Texas the other party has 30 days after notice to contest it (§ 159.605).
- Does 50/50 custody mean no child support? Texas, New York and Virginia (2026)No. In Texas, New York and Virginia, equal time with each parent does not by itself end child support. Only Virginia's guideline uses the number of days: above 90 days a year with each parent, a shared custody formula lowers support, and with equal time the parent who earns more usually pays the difference. Texas and New York apply their usual formula; in Texas, parenting time is a factor a court may weigh to depart from it, and New York's statute has no shared custody formula, but with truly equal time its appellate courts make the parent with the larger income share the paying parent.
- How child support is calculatedEvery state sets a guideline formula in law, and courts apply it unless they find it unjust or inappropriate. The formula takes the parents' income (gross or net, one parent's or both), turns it into a base amount with a percentage or a schedule, adds some costs such as child care and health insurance, and in some states adjusts for parenting time and very low or high incomes. Texas, New York and Virginia each do these steps differently, so the same family gets a different figure in each.
- Income shares vs percentage of income: how child support models differ (2026)A percentage of income model sets support as a fixed share of the paying parent's income, and the other parent's income does not enter the formula. An income shares model starts from both parents' combined income, finds the basic support amount the guideline sets for that income, and splits it in proportion to each parent's income. Texas uses a percentage of the paying parent's net resources, Virginia uses income shares, and New York applies a fixed percentage to both parents' combined income and splits it by income.
- Child support and taxes: what the IRS says (2026)Child support is neither taxable nor deductible under federal tax law: the IRS says child support payments are not deductible by the parent who pays them and not taxable to the parent who receives them. Who claims the child is a separate question. The IRS treats the parent the child lived with for more nights in the year as the one entitled to claim the child; that parent can release the child tax credit to the other parent with Form 8332, but head of household status, the earned income credit and the child care credit stay with the parent the child lived with.