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Marriage and New Baby

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VA_Mom

Member
What is the name of your state? Virginia

This may have been answered before so sorry if I am repeating a question.

Does a NCP getting married and/or having a new baby constitute a change in circumstance and a custody/visitation/support order be modified?

I know the support order may change but not sure about custody/visitation being modified.
 


B

betterthanher

Guest
VA_Mom said:
What is the name of your state? Virginia

This may have been answered before so sorry if I am repeating a question.

Does a NCP getting married and/or having a new baby constitute a change in circumstance and a custody/visitation/support order be modified?

I know the support order may change but not sure about custody/visitation being modified.
Nope......
 

Grace_Adler

Senior Member
http://www.dss.virginia.gov/family/dcse_faq.html

52. One parent has other children in the home; are they considered when the obligation is set?

Only if that parent is legally responsible to support the other children. That usually means that only the support of biological and adopted children are considered in establishing or reviewing a support order.

64. How often can my order be reviewed?

Generally, orders can be reviewed every three years. Each state may have requirements for conducting reviews at other times. In Virginia, DCSE considers requests for reviews before 36 months have passed only if there is a significant change in circumstances, which means that an additional child needs to be considered or that the income, child care, or health-care related costs have increased or decreased at least 25 percent for one of the parties since the last order was established.

65. How do I request a review?

To request a review, you should send in a signed request for a review to the district office that manages your case, briefly explaining the change in circumstances or you may print, complete, and return the Request for Review and Adjustment form to the district office that manages your case. A list of District Office addresses is available on this Web site.
If you reside outside of Virginia and have a case managed by a child support agency in another state, you should submit your review request to that child support agency.

After a review request is received, financial statements are sent to the custodial and noncustodial parents to complete and return. Then a determination is made as to whether the review should be conducted and you will be notified of that determination.

66. If I do not have a case with DCSE, how do I get a review?

You will need to consult with the court and/or a private attorney.

So the answer to your question as far as the support goes is YES. You can have the order reviewed and/or modified if the judge believes it should be modified based on other biological or adopted children.

I don't know about the custody/visitation. I doubt it.
 
Last edited:

rmet4nzkx

Senior Member
VA has laws about unmarried/cohabitation so if this is a child born outside marriage, it could be used to affect visitation and custody.
 

VA_Mom

Member
Thanks all for the answers. I wasn't really worried about the support order just wondering about the current custody/visitation order but it appears that neither would be a change of circumstance.
 

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