Can Child Support Change If Income Changes in Virginia?

A lot can change after a child support order is entered.

A parent may lose a job, receive a substantial raise, change careers, start a business, begin earning bonuses, or experience an illness that affects the ability to work. Meanwhile, the child’s expenses and the parents’ custody schedule may change too.

When that happens, it is natural to wonder whether the existing child support amount is still fair.

In Virginia, child support may be increased or decreased when a parent’s income changes—but the amount does not change automatically. The parent requesting a modification generally must show a material change in circumstances and ask the court or the Virginia Division of Child Support Enforcement, commonly called DCSE, to review the order.

The most important thing to understand is that a new salary, job loss, or raise does not permit either parent to begin paying a different amount on their own. Unless and until the order is formally changed, the existing child support order remains in effect.

The Quick Answer

A change in income may justify modifying child support when:

• Either parent begins earning substantially more or less;
• A parent involuntarily loses a job;
• A parent receives new bonuses, commissions, or other compensation;
• A parent becomes disabled or otherwise unable to maintain the previous income;
• A parent becomes self-employed or experiences a significant change in business income; or
• The income change, together with changes in custody, childcare, health insurance, or the child’s needs, produces a different support calculation.

The result is not always as simple as “income went down, so support goes down” or “income went up, so support goes up.” Virginia’s calculation considers both parents’ income and several child-related expenses.

How Virginia Calculates Child Support

Virginia uses statutory child support guidelines. The amount produced by those guidelines is presumed to be the correct amount, although a court may deviate from it when applying the guidelines would be unjust or inappropriate under the circumstances.

The calculation generally considers:

• Both parents’ gross monthly incomes;
• The number of children covered by the order;
• The physical custody arrangement;
• The cost of health, dental, and vision insurance for the children;
• Work-related childcare expenses; and
• Certain other statutory factors.

Health-insurance and qualifying childcare costs are added to the basic child support obligation, and each parent’s responsibility is generally allocated according to the applicable guideline formula.

For a more detailed explanation, read our guide to how child support is calculated in Virginia.

Either Parent’s Income Can Affect Child Support

Parents sometimes assume that only a change in the paying parent’s income matters. That is not correct.

Because Virginia’s child support guidelines use the incomes of both parents, a significant change in either parent’s income may affect the result.

For example:

• If the paying parent receives a substantial raise, the support obligation may increase.
• If the paying parent experiences an involuntary and significant reduction in income, the obligation may decrease.
• If the parent receiving support begins earning substantially more, the paying parent’s share may decrease.
• If the receiving parent loses a job, the paying parent’s share may increase.
• If both parents’ incomes increase, the final result will depend on their relative incomes, the custody arrangement, and child-related expenses.

A change in one parent’s income does not necessarily produce a dollar-for-dollar change in child support. The entire guideline calculation should be rerun using current information.

What Counts as Income?

For child support purposes, income is not limited to a regular paycheck.

Virginia law broadly defines gross income to include income from many sources, such as:

• Salary and wages;
• Commissions;
• Bonuses;
• Severance pay;
• Unemployment benefits;
• Disability benefits;
• Pensions and annuities;
• Dividends and interest;
• Rental income;
• Certain capital gains;
• Trust income; and
• Gifts, prizes, or awards.

Self-employment and business income may also be included after appropriate reasonable business expenses are considered. The parent claiming business-expense deductions has the burden of proving those expenses.

This broad definition matters when a parent receives significant compensation outside of a base salary. A person may earn the same salary as before but begin receiving substantial bonuses, stock-based compensation, commissions, or business distributions. Depending on the facts, those amounts may affect child support.

Does Every Income Change Justify a Modification?

No.

The person asking to modify an existing order generally must establish a material change in circumstances that warrants changing the support obligation. Virginia appellate courts have repeatedly applied this requirement to child support modifications.

A minor raise, temporary reduction in work hours, or unusually low commission month may not produce a meaningful change in the guideline calculation. The court will consider the evidence surrounding the change rather than looking at one paycheck in isolation.

Relevant questions may include:

• How much did the income change?
• When did the change occur?
• Is the change temporary or ongoing?
• Why did the income change?
• Was the change voluntary?
• What is the parent currently capable of earning?
• Have childcare, insurance, or custody arrangements also changed?
• Would the new information produce a materially different child support amount?

There is no guarantee that establishing an income change will result in the specific increase or reduction requested. After finding a material change, the court must still determine what amount is appropriate under the current circumstances.

Is There a Required Percentage Change?

You may have heard that income must change by 25% before child support can be modified. That is not a universal rule for every Virginia court case.

For a modification requested directly through the court, the general standard is whether there has been a material change in circumstances that warrants modification. Virginia’s court-modification statute does not establish one automatic percentage that applies in every case.

The 25% figure comes into play primarily in the DCSE administrative review process.

Most child support orders handled through DCSE can be reviewed every 36 months. When fewer than 36 months have passed, current DCSE materials identify certain special circumstances that may permit an earlier review, including a documented increase or decrease of at least 25% in either parent’s income.

These rules can be confusing because they involve two different concepts:

• A 25% change in income may qualify a case for an early DCSE review.
• A court considering a modification applies the material-change standard rather than automatically requiring a 25% income change.

You do not necessarily have to wait three years to seek relief from a court after a significant change in circumstances.

Can Child Support Be Reduced After a Job Loss?

An involuntary job loss may justify reducing child support, but a reduction is not automatic.

A parent requesting lower support should be prepared to explain and document:

• Why the employment ended;
• Whether the parent was laid off, terminated, or resigned;
• The parent’s current income, including unemployment or severance benefits;
• Efforts to obtain comparable employment;
• The parent’s education, experience, and earning history;
• Whether other income or assets are available; and
• Whether the reduction is likely to continue.

Useful documents may include a termination letter, unemployment records, severance information, recent pay statements, job applications, communications with recruiters, and evidence of interviews.

Most importantly, the parent should file promptly. Continuing to wait while paying less than the ordered amount can result in a growing arrearage.

What If a Parent Voluntarily Takes a Lower-Paying Job?

A parent cannot necessarily reduce child support by voluntarily reducing income.

Virginia law allows a court to consider imputed income when a parent is voluntarily unemployed or underemployed. That means the court may calculate support based on what the parent is capable of earning rather than what the parent currently earns.

Situations that may raise this issue include a parent who:

• Quits a job without a reasonable plan;
• Intentionally reduces working hours;
• Rejects available employment;
• Takes a much lower-paying position to reduce support;
• Fails to make reasonable efforts to find new work; or
• Runs personal expenses through a business to make income appear lower.

However, a voluntary employment decision is not automatically treated as an attempt to avoid support.

Virginia law directs courts to consider the good faith and reasonableness of employment decisions, including a decision to pursue an educational or vocational program that is likely to maintain or improve earning potential.

A parent may have a legitimate reason to change jobs, such as unsafe working conditions, health problems, loss of required credentials, necessary retraining, or a work schedule that seriously conflicts with parenting responsibilities. The court must evaluate the particular facts.

What If the Parent Receives a Raise or Promotion?

A substantial raise, promotion, bonus, or new source of compensation may support an upward modification.

The parent receiving support may ask the court to rerun the guidelines using the parents’ current incomes. Because the guidelines consider income from a broad range of sources, the review may extend beyond base salary to bonuses, commissions, investment income, and other compensation.

An increase is still not automatic. The court will consider:

• The amount and consistency of the additional income;
• Whether the compensation is recurring or unusual;
• Both parents’ current incomes;
• The existing custody arrangement;
• Childcare and health-insurance expenses; and
• Any basis for deviating from the guideline amount.

The goal is to determine the appropriate current support obligation, not to punish a parent for earning more.

How Are Bonuses, Commissions, and Fluctuating Income Handled?

Variable income can make modification cases more complicated.

A parent who works in sales may earn significantly different commissions from month to month. A business owner’s distributions may vary each year. A parent may receive an annual bonus that is not guaranteed. One paycheck or one unusually profitable month may not accurately represent that person’s income.

In these cases, relevant records may include:

• Multiple years of tax returns;
• W-2 and 1099 forms;
• Year-to-date pay statements;
• Bonus and commission histories;
• Employment contracts;
• Business tax returns;
• Profit-and-loss statements;
• General ledgers;
• Business and personal bank statements; and
• Documentation concerning stock or equity compensation.

Virginia law’s broad definition of gross income makes complete financial disclosure especially important in cases involving variable or nontraditional compensation.

What About Self-Employed Parents?

Child support calculations involving self-employment often require more analysis than calculations involving a traditional salary.

A tax return may be a starting point, but the income reported for tax purposes is not always identical to income available for child support. The court may need to evaluate:

• Whether claimed business expenses are reasonable and necessary;
• Whether the business pays personal expenses;
• Whether money is being retained in the company;
• Whether reported income is consistent with deposits and spending;
• Whether depreciation or other accounting entries affect reported profit; and
• Whether the parent receives benefits in addition to salary.

Virginia law permits deductions for reasonable business expenses, but the parent requesting those deductions must prove them.

A business owner seeking a reduction should therefore be prepared to provide organized and complete records. Simply stating that the business had a bad year may not be enough.

Other Changes Can Affect the Recalculation

Even when income prompted the modification request, the court will not necessarily look at income alone.

The new calculation may also be affected by:

• A change from sole to shared physical custody;
• A substantial change in the number of parenting days;
• The beginning or end of work-related childcare;
• A change in the cost of the child’s health insurance;
• A child developing significant medical or educational needs;
• A child no longer being covered by the order; or
• Other financial circumstances recognized by Virginia law.

Virginia’s guidelines specifically incorporate qualifying health-insurance and work-related childcare expenses, and Virginia law permits consideration of other factors affecting the parents’ ability to provide support and the child’s best interests.

This is why an informal calculation based only on the difference between an old and new salary may be misleading.

Changes in parenting time can also affect support. Learn more about our firm’s work with child custody matters and post-divorce modifications.

The Existing Order Does Not Change Automatically

This point is critical.

Even if both parents agree that the old amount no longer makes sense, the existing court or administrative order remains in effect until it is properly modified.

The paying parent should not simply reduce or stop payments after losing a job. Likewise, the receiving parent cannot unilaterally demand a higher amount after learning about a raise.

An informal text message or verbal agreement does not itself replace the existing order. When parents agree to a new amount, they should take the appropriate steps to have that agreement entered as a new consent order or administrative order.

Until that happens, the amount in the existing order is generally the amount that can be enforced.

Why Filing Promptly Matters

Virginia generally prohibits retroactive modification of an existing support order. A court may modify support for a period in which a modification petition was pending, but no earlier than the date the responding parent received notice of the petition.

For example, suppose a parent loses a job in January but waits until June to pursue modification and provide notice to the other parent. Even if the court later finds that a reduction is appropriate, it generally cannot go back and reduce the January through May payments.

That is why waiting can be expensive.

A parent who cannot afford the existing order should not assume the issue can be corrected months later. Filing promptly may preserve the court’s ability to adjust payments for at least part of the period while the case is pending.

The parent should continue complying with the existing order to the extent possible while the modification request is being addressed.

How Do You Request a Child Support Modification?

The appropriate process depends on how the current order was entered and whether DCSE is involved.

Modification Through the Court

Either parent may file a petition or motion asking the appropriate court to modify child support. The request should identify the material change in circumstances and the relief being requested.

The parties will typically need to exchange current financial information and prepare a new child support guideline calculation. If income is disputed, formal discovery, subpoenas, or testimony may be necessary.

Review Through DCSE

When DCSE handles the case, a parent may request a review and adjustment through the MyChildSupport portal or by submitting DCSE’s review packet.

DCSE can modify an administrative support order when the applicable requirements are satisfied. DCSE may also review a court order, but a change to a court order must be reviewed and entered by the court.

The best route may depend on the type of order, the timing of the income change, whether income is disputed, and whether other issues—such as custody or imputed income—must also be decided.

Documents to Gather Before Requesting a Change

Before seeking modification, collect documents that show both the prior and current financial circumstances.

Those documents may include:

• The current child support order;
• The guideline worksheet used for the existing order;
• Recent pay statements;
• Tax returns and W-2 or 1099 forms;
• Employment contracts and offer letters;
• Termination or layoff notices;
• Severance and unemployment records;
• Bonus and commission statements;
• Disability or medical documentation affecting employment;
• Business and rental-property records;
• Proof of health-insurance premiums;
• Childcare invoices;
• The current custody calendar; and
• Communications concerning the income or expense change.

DCSE’s current early-review materials request income verification, such as recent pay statements or an employer earnings statement, when the request is based on a qualifying income change.

Organized records can make it easier to determine whether a modification is likely to be worthwhile before litigation begins.

Common Mistakes to Avoid

Stopping or Reducing Payments Without a New Order

A job loss does not automatically suspend the existing obligation. Unpaid support continues to accrue while a modification request is pending.

Waiting Several Months to File

Because retroactive modification is limited, delaying the request may result in months of support that the court cannot later reduce.

Assuming the 25% Rule Applies to Every Case

The 25% figure is relevant to certain early DCSE reviews. It is not the universal court standard for every modification proceeding.

Looking at Only One Parent’s Salary

Both parents’ incomes, the custody arrangement, insurance, childcare, and other relevant factors may affect the result.

Relying on One Paycheck

One unusually high bonus or one unusually low commission month may not accurately show the parent’s current financial circumstances.

Voluntarily Reducing Income Without Considering Support

Before resigning, reducing hours, or changing careers, a parent with a support obligation should understand that the court may consider earning capacity and the reasonableness of the employment decision.

Assuming an Informal Agreement Is Enough

Even cooperative parents should formalize the new amount so that the order accurately reflects their agreement.

Frequently Asked Questions

Does child support automatically go down if I lose my job?

No. You must request a modification. Whether support is reduced will depend on the circumstances of the job loss, your other income, your earning capacity, your efforts to find work, and the new guideline calculation.

Can child support increase if the paying parent gets a raise?

Yes. A significant raise, promotion, bonus, or other increase in income may support an upward modification. The court will recalculate support using both parents’ current financial information.

Can support change if the receiving parent earns more?

Yes. Both parents’ incomes are used in Virginia’s child support calculation. An increase in the receiving parent’s income may affect each parent’s proportional responsibility.

Do I have to wait three years to request modification?

Not necessarily. The three-year period relates primarily to routine DCSE reviews. A parent may seek an earlier DCSE review when a qualifying special circumstance exists, and a parent may petition a court after a material change in circumstances.

Is a 25% income change always required?

No. A documented 25% change may qualify a case for an early DCSE review, but the court applies a material-change standard rather than a universal 25% requirement.

Can the court base support on what I used to earn?

Possibly. If the court determines that a parent is voluntarily unemployed or underemployed, it may attribute income based on earning capacity rather than current earnings. The court must consider the good faith and reasonableness of the parent’s employment decision.

Can the court change support back to the date my income changed?

Usually not. For an existing order, modification generally cannot begin before the date the other parent receives notice of the modification petition.

What if both parents agree on the new amount?

The parents can agree, but the agreement should be formalized through the court or DCSE. Until a new order is entered, the existing order remains the enforceable obligation.

Speak With a Virginia Child Support Attorney

An income change can create financial pressure for both parents. The parent paying support may be struggling to comply with an order based on income that no longer exists. The parent receiving support may be concerned that an old order no longer reflects the other parent’s current earnings or the child’s needs.

Before filing, it is often helpful to run the current Virginia guidelines, review the existing order, and determine whether the likely difference justifies pursuing modification.

Collins Family Law assists parents with the establishment, modification, and enforcement of child support orders throughout Manassas, Prince William County, Fairfax County, Fauquier County, Culpeper County, Stafford, Fredericksburg, and surrounding Northern Virginia communities.

Learn more about our Virginia child support services or contact Collins Family Law to schedule a consultation. You may also call 703-755-7343.

This article provides general information about Virginia law and is not legal advice. Child support modification depends on the specific order, financial evidence, and circumstances of each case. Reading this article does not create an attorney-client relationship.