Whenever there is an economic downturn, some people have their incomes reduced and others lose their jobs. If they are under a court order to pay either child or spousal support, the fact of the job loss has no effect on the court order. No matter how unfair or oppressive it is under the circumstances, the order will remain in effect until it is changed by a judge.
The Virginia code allows judges to change the terms of support orders. The change, however, cannot take effect any earlier than the date when the request for modification was filed. For this reason, it is important to file your request to modify the order as soon as you know your income will end or be reduced.
Even if you file right away, the judge can order the reduction to take effect either on the date you filed your request, or the date of the hearing, or some third date. The decision is discretionary and depends a lot on which judge you have.
There is one situation where the judge cannot order a change and it only applies to spousal support. If you entered into a separation agreement that requires you to pay spousal support, and the text does not expressly say the support can be modified by a court, your ability to ask a judge to change the support will depend on when the agreement was signed.
If the agreement was signed before July 1, 2018, you may have a problem. If it was signed on or after July 1, 2018, a court can modify the spousal support unless the agreement expressly says it cannot be modified. Don’t assume the worst. Have a lawyer review your agreement to see if it can be modified.
