Legal Question in Family Law in Virginia

If there is currently a valid court order for support, you must go

though the court for an appropriate modification of your support obligation.

However, if the order is through DCSE, then you must go through the state

child support enforcement agency for modification of your order.

There is nothing improper, however, in the spouses working up

the revised calculations based upon the Virginia Child Support Guidelines

to assist in whatever route that you must follow to modify your support obligation.

I believe that recent changes in the Code of Virginia permit modifications of child support to be done without entry of an order of the Court. Here's one Code section supporting this view:

"� 20-109.1. Affirmation, ratification and incorporation by reference in decree of agreement between parties.

Any court may affirm, ratify and incorporate by reference in its decree dissolving a marriage or decree of divorce whether from the bond of matrimony or from bed and board, or by a separate decree prior to or subsequent to such decree, or in a decree entered in a suit for annulment or separate maintenance, and in a proceeding arising under subsection A 3 or L of � 16.1-241, any valid agreement between the parties, or provisions thereof, concerning the conditions of the maintenance of the parties, or either of them and the care, custody and maintenance of their minor children, or establishing or imposing any other condition or consideration, monetary or nonmonetary. Provisions in such agreements for the modification of child support shall be valid and enforceable. Unless otherwise provided for in such agreement or decree incorporating such agreement, such future modifications shall not require a subsequent court decree. This section shall be subject to the provisions of � 20-108. Where the court affirms, ratifies and incorporates by reference in its decree such agreement or provision thereof, it shall be deemed for all purposes to be a term of the decree, and enforceable in the same manner as any provision of such decree. The provisions of this section shall apply to any decree hereinbefore or hereinafter entered affirming, ratifying and incorporating an agreement as provided herein. Upon the death or remarriage of the spouse receiving support, spousal support shall terminate unless otherwise provided by stipulation or contract. In any case where jurisdiction is obtained over a nonresident defendant by order of publication or by acceptance of service pursuant to � 20-99.1:1, any properly acknowledged and otherwise valid agreement entered into between the parties may be affirmed, ratified and incorporated as provided in this section."

While it would be preferable to have an order entered by the Court to reflect the agreement of the parties regarding a change in child support, at least in the event that there was an agreement originally setting child support which contained language concerning later modification, no subsequent order is required.