Section 250. Periodic reviews of the child support obligation

A. Either parent may request a review of the child support obligation once every three years. Additional requests may be made earlier by providing documentation that a material change of circumstance has occurred that potentially affects the child support obligation. Such changes shall be limited to the following:

1. An additional child needs to be added to the order;

2. A child is no longer eligible to receive current support due to a change of custody or emancipation and needs to be removed from an existing order that includes other children;

3. A provision for health care coverage needs to be added;

4. A provision ordering the natural or adoptive parents to share the costs of all unreimbursed medical/dental expenses exceeding $250 per child per year covered by the order needs to be added; or

5. A change of at least 25% can be documented by the requesting parent in the following circumstances:

a. Income of either natural or adoptive parent;

b. Amount of medical insurance; or

c. Cost of employment-related child-care costs.

B. The department shall adjust an administrative obligation when the results of the review indicate a change of at least 10% in the monthly obligation but not less than $25.

Historical Notes

Derived from VR615-70-17 § 4.9, eff. February 28, 1990; amended, Volume 06, Issue 26, eff. October 24, 1990; Volume 07, Issue 15, eff. July 1, 1991; Volume 08, Issue 04, eff. July 1, 1992; Volume 08, Issue 19, eff. July 15, 1992; Volume 18, Issue 14, eff. April 24, 2002; Volume 23, Issue 20, eff. August 1, 2007; Volume 31, Issue 10, eff. February 12, 2015.

Statutory Authority

§ 63.2-217 of the Code of Virginia; 42 USC § 651 et seq.