Modification And Enforcement Of Domestic Relations And Child Custody Orders In Pearisburg
The custody schedule that worked three years ago may not work now. A job ends, a parent accepts a transfer or the support payments simply stop arriving. Virginia courts have a process for asking a judge to change an order or to enforce one that the other parent is ignoring.
At Ballard Law LLC, I have worked as a family law attorney in Pearisburg since 2004. My name is Jason S. Ballard. As a veteran of the Army and Judge Advocate General’s (JAG) Corps, my time in the military shaped how I practice today: I provide straightforward answers and never oversell. Tell me what has changed, and I will tell you whether a court is likely to consider it.
When A Custody Order No Longer Fits Your Family
Judges do not reopen custody because a parent is unhappy with the arrangement. The question is whether circumstances have changed significantly enough since the last order was entered and whether the custody changes you want serve the child’s best interests. Situations that most often apply include the following:
- A parent’s schedule shifts: A new job or a layoff can make the current exchange routine impossible to follow. Courts look at whether the change is lasting rather than temporary.
- One parent plans to move: Virginia requires a 30-day written notice before a relocation. Moving away first and explaining later tends to damage the case of the parent who does it.
- The child’s needs have changed: School, medical care and activities look different for a teenager than for a toddler.
Not every change results in a new order, so it is worth having a conversation with a lawyer before you file.
Modifying Support After A Job Loss
Losing income does not change what you owe. Support stays exactly as written until a judge signs a new order, and unpaid amounts keep building in the meantime. Many parents assume a modification means weeks of conflict, but often, it does not.
When both sides agree on a new figure, that agreement can go to the court for approval instead of via a contested hearing. Spousal support depends on your decree, since some agreements make it non-modifiable by their own terms. When I manage family law matters, I consider how support will fit alongside custody and divorce.
When A Co-Parent Refuses To Pay Child Support
A judge has real tools here, including wage withholding, seizure of tax refunds, license suspension, judgment for the arrears and contempt. One caution is worth stating plainly: Withholding visitation because payments stopped is not a remedy and risks a contempt finding against you.
Find Out Whether Your Order Can Be Changed
An order that no longer fits your circumstances costs you every month it stays in place. Bring me the order and tell me what has changed, and I will give you a direct read on your options. My office is open weekdays from 8:30 a.m. to 5:30 p.m., with weekend appointments when a work schedule requires it. Call 540-931-0497 to speak with me, or fill out my online contact form.