back in 1999 when the order was put into place, he wasn't working. The judge still ordered him to pay 303.00/mth (75.00 a week). we both receive disability, and he wants a reduction on his support. can they amend the order if he owes back money
An order for child support cannot be retroactiviely modified. It can only be modified (increased or decreased) as to current support obligations accruing from the date that the petition or motion for modification was filed and served. Whether he owes arrears (back support) is not relevant to determining what the current support obligation should be. However, the amount of arrears that need to be paid will be taken into account in dtermining the total amount of the monthly payment going forward. For example, the court may determine that based on the NCP's current gross income (and yours, plus the other expenses, etc. that are calculated into the child support guideline worksheet) that the new monthly support obligation should be $300, that the total arrears are $5,000, and so NCP's new monthly payments will be $350 per month, with $300 going to current support and the other $50 going toward arrears.
Whether the current amount would be lower or higher now than it was in 1999 is impossible to determine whether knowing all of the figures that we used by the court in arriving at that figure in 1999 and then knowing what all of the current figures are (his income, your income, whether there are any arguments for imputing income, work related child care expenses, medical insurance, any extraordinary expenses that should be included, such as therapies or special needs, whether there need to be any adjustments to income for support of other children, etc.). Only armed with all of that information could an attorney run a Virginia child support guideline calculation for you.
It's possible that he could actually end up with a higher child support obligation, that the court will deny the request for a reduction, or that support may be reduced but that the payments will stay at $303 per month (with the extra amounts going toward arrears). I would suggest that you take your information, prior court papers, current order, etc. to a family law attorney in your local area and have them help you with this.
