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Should I file with circuit court or juvenile and domestic district court?

Leesburg, VA |
Filed under: Juvenile law

A final divorce decree has been entered 2 years ago by Loudoun Circuit Court, I want to file to modify the child support base on my changed circumstances, do I file with the circuit court or can I file with Juvenile and domestic relations district court? The clerk of circuit court said that I have to file a motion and order to reinstate the case, is that true?

Attorney Answers 2

Posted

You have two options. First, you can file a motion and order to reinstate the case in Circuit Court and have your motion for modification heard in Circuit Court. Another option would be to file a motion in the circuit court to have the case remanded to the Juvenile and Domestic Relations Court (JDR) in that county. Often people who are not going to hire an attorney to represent them in court find it easier to handle matters in the JDR courts. There are advantages and disadvantages to each court, and often decisions are made based specifically on the courts and their practices in your specific area.

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Posted

Your final decree of divorce may provide for child custody and support matters to be remanded to the juvenile and domestic relations district court. If it does not, you will need to file in Circuit Court, after filing a motion and order to reinstate the case and paying the reopen fee. If you would rather proceed in J&DR court, you can file a motion to transfer the case to that court.

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