Is remarriage a basis for modification of child support in Virginia?
A child support order may be modified in Virginia upon a material change in the financial circumstances of either party. The support order may not be modified retroactively, but may be modified from the date notice is received by the responding party. In a Loudoun County Virginia Circuit Court decision, Bruley v. Galer, Chy. No. 44053, October 5, 2009, a judge recognized that remarriage per se is not a basis for a modification of child support, but it may be a basis if the remarriage results in a termination of spousal support. Under Virginia law, spousal support and maintenance will terminate upon the remarriage of the spouse receiving support or the death of either party, unless otherwise provided by an agreement. If the remarriage eliminates the payment of spousal support to the parent receiving child support, then the remarriage is a material change in circumstances affecting the financial situation of both parents. You should consult with your Virginia divorce or child support law
