Child support generally may be changed or modified by filing a motion to modify and demonstrating to the court that the circumstances of the child or one or both parents have materially and substantially changed, or that some period of time (3 years, for example) has passed since the court’s last child support order. And if there has been a material and substantial change in the custody of the child—if, for example, the noncustodial parent who was paying child support has become the custodial parent—the court may change or eliminate the child support obligation based on the change in the custody arrangement.
In Virginia, child support orders can be modified if there has been a 'material change in circumstances' since the last order was issued. This could include significant changes in the income of either parent, changes in the needs of the child, or changes in custody arrangements. To initiate a modification, a parent must file a motion to modify with the court that issued the original child support order. The court will then evaluate whether the circumstances have indeed changed substantially and materially. If a noncustodial parent becomes the custodial parent, this change in custody could lead to a modification or termination of the child support obligation. Additionally, Virginia law stipulates that child support orders can be reviewed for modification every three years without the need to show a material change in circumstances.