Henrico, VA asked in Family Law and Child Support for Virginia

Q: How do I submit to have CS modify due to reduce of income? The divorce was in Hawaii. I am in VA. The kids are in CA.

I had a divorce finalized in Hawaii. After that, I move to Virginia while the kids moved to California with the mother. My income has been reduced. I would like to request a decrease in the payment

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1 Lawyer Answer
Michael Christopher Miller
Michael Christopher Miller
  • Vienna, VA
  • Licensed in Virginia

A: If Hawaii issued the child support order in effect, Hawaii is the only state that can modify child support so long as a parent or child continues to live in Hawaii.

If everyone leaves Hawaii, then the parent seeking to modify support has to modify support in the responding parent's location.

So, it looks like, if you want to modify you file in California where the mother resides. If mother wants to modify, she files in Virginia where you are.

Once the new order is entered, that state is the only state that can modify child support so long as a parent or child continues . . . ..

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