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Post Divorce FAQS

This will depend based on the circumstances surrounding your Final Order of Divorce. Provided you do not have a Marital Settlement Agreement or Property Settlement Agreement which limits the ability to modify, Virginia Code Section § 20-109 provides that “upon [the] petition of either party the court may increase… spousal support and maintenance… as the circumstances may make proper.” The party moving for a modification of support payments must prove “both a material change in circumstances and that this change warrants a modification of support.”

Schoenwetter v. Schoenwetter, 8 Va. App. 601, 605, 383 S.E.2d 28, 30, 6 Va. Law Rep.168 (1989). The material change “must bear upon the financial needs of the dependent spouse or the ability of the supporting spouse to pay.” Hollowell v. Hollowell, 6 Va. App. 417, 419, 369 S.E.2d 451, 452, 4 Va. Law Rep. 2942 (1988).

Yes, child support is inherently modifiable provided there is a material change in circumstances warranting a modification.

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