Modifying and Enforcing Court Orders in Virginia

When court orders are in place, they serve as the foundation for many critical aspects of post-divorce life, from child custody arrangements to financial support. However, life is ever-changing, and court orders that were once suitable may require modifications, or there may be a need to enforce them when they are not being followed. This guide provides a discussion on how to modify and enforce court orders in Virginia, focusing on Fairfax County and Loudoun County.

Modifying Court Orders in Virginia: Life is unpredictable and situations change. When they do, existing court orders may no longer align with your circumstances. In Virginia, the legal process for requesting modifications is available to address these changes, ensuring court orders remain relevant. (See Virginia Code Sec. 20-108).  The first step in any modification is establishing a “material change” in circumstance has occurred.  Often that requires establishing both the facts and circumstances in place at the time of the previous order and the new facts and circumstances you want to the court to consider.

1. Child Custody Modifications: Changes in employment, relocations, shifting family dynamics, or changes with a child’s needs can necessitate adjustments in child custody arrangements. Intentionally withholding a child from visitation without just cause can be a material change in circumstance. Virginia courts prioritize the best interests of the child when considering these modifications, ensuring their well-being remains paramount. Therefore, when attempting to modify a custody or visitation order, you must not only establish a “material change in circumstance,” but also establish that the change you are seeking serves the child’s best interests.
2. Child Support Modification in Virginia: Financial situations can fluctuate, impacting child support orders. If there has been a significant change to either parent’s income or child-related expenses, a modification may be warranted. A reasonable “rule of thumb” may be a 20% change, but precisely what constitutes a “material” change for your judge is difficult to predict.  Keep in mind that Virginia utilizes a broad definition of income for child support calculation purposes.  Also, again, you will have to establish the guideline amounts of support at both the prior hearing and your modification hearing.  Once the new guideline is established, you can argue about why the court should deviate from that guideline amount.  If the court grants a modification, that modification will be retroactive to the date you served your petition to modify on the other parent.
3. Spousal Support Modification Criteria in Virginia: For those seeking to modify spousal support (alimony) orders, Virginia courts require both a material change in circumstance and clear assessment of each party’s income and expense. Many times a vocational assessment of a party’s earning capacity is necessary. And, unlike child support, if a court grants a modification, that modification may be retroactive to the date you served your petition to modify on the other party, but it is not required.  It is also important to note that if your spousal support was determined by agreement and that agreement does not provide for a modification, you may be unable able to modify your spousal support.

Enforcement of Court Orders in Virginia: Sometimes, court-ordered agreements are not followed as intended. In such cases, understanding how to enforce these orders is essential. We outline the process for enforcing court orders in Virginia, ensuring that the rights of those involved are upheld.  Notice plays an important role in enforcement proceedings; it almost always makes sense to first identify the violations and give the other party an opportunity to correct his/her behavior before escalating matters.

1. Enforcing Custody and Visitation Orders in Fairfax County: Violations of custody and visitation orders are common and tend to present themselves on a spectrum ranging from “bright line violations” like denied visits to “gray violations” like acting contrary to the spirit of the order. “Gray violations” are often best used by compiling them and presenting them in support of a motion to modify.  Clear, bright-line violations, however, can be used in support of a Petition for Rule to Show Cause, which asks the court to force the other parent’s compliance with the order.  Among other remedies, the Court can admonish the other parent to comply, award attorney’s fees and costs, and, in extreme circumstances, modify visitation altogether.
2. Child and Spousal Support Arrears Collection in Loudoun County: In cases involving child and spousal support arrears, you need to know how to collect the money you are owed. The process of arrears collection in Loudoun County, Virginia, is similar to the process of enforcing custody and visitation orders: file a Petition for Rule to Show Cause.  If support is unpaid, a court can order the outstanding amount be repaid with interest all at once or over time.  Courts are also able to have child support deducted directly from parent’s pay check (through an Income Deduction Order) or collected through the Department of Child Support Enforcement.

Actionable Recommendations

Navigating these legal processes can be complex, and it’s advisable to seek the guidance of an experienced family law attorney who specializes in Virginia law. Here are some actionable recommendations to assist you in this journey:

• Consult with a qualified family law attorney in Virginia.
• Collect and organize all relevant documents and information related to your case. Make your case “idiot proof” by having your calculations and support documents as clear and concise as possible.
• Maintain detailed records of all communications and interactions with the other party.
• Be prepared to attend court hearings as required.

 For More Information and Legal Assistance

If you or someone you know is navigating the complexities of family law, consider reaching out to an experienced family law attorney like Jason A. Weis, Esq.  For further insights and legal assistance, don’t hesitate to explore other posts on my website at www.familylawva.com or my firm’s website at www.curranmoher.com.