VIRGINIA Child Support GUIDE

How is Child Support Calculated in Virginia?

Virginia has established child support guidelines to calculate child support. The court must use these guidelines in every child support case. The guideline amount of child support is presumed to be the correct amount of support. The court can be convinced to deviate up or down from the guideline amount. If the amount of child support is "unjust" or "inappropriate," the court can order a different amount.

The guidelines start with the total gross income of both parents and the number of children. From this, the "basic support obligation" for their children is calculated. The real-world cost of work-related child care and medical insurance premiums are added to this amount. The result is the total child support need of the parties' children.

This total amount is divided between the parents in proportion to their incomes. Parents receive credit for the direct payments for the insurance premiums and child care included in the guidelines. The remaining balance is the monthly child support amount.

Are there different child support guidelines in Virginia?

There are three different sets of child support guidelines in Virginia. Each set of guidelines is used for a different custody schedule. The three different child support guidelines are: sole custody guidelines; shared custody guidelines; and split custody guidelines.

Sole Custody Guidelines

Sole custody guidelines are the "standard" child support guidelines. A parent does not have to have "sole custody" of the child for these guidelines to apply. A better name would be "primary custody guidelines," because they are used when only one parent has the child for more than 90 days in a calendar year.

Shared Custody Guidelines

Shared custody guidelines are used when both parents have the child for more than 90 days in a calendar year. At that point, both parents "share" a significant amount of the direct costs to cover the child's needs. These guidelines include the proportion of days each parent has with the child. Each day added or subtracted to a parent's time changes child support by a small amount.

Shared custody guidelines are usually, but not always, lower than sole custody guidelines.

Split Custody Guidelines

Split custody guidelines are used when children are on different custody schedules. It could be that each parent has sole custody of a child. It could be a mix of sole and shared custody situations. These guidelines apply a sole or shared guideline to each individual child based on their custody schedule. The support for each child is calculated, and the difference is the monthly child support amount.

What Is Income in Child Support Cases?

The "gross income" of each parent is considered when calculating child support. Virginia Code Section 20-108.2 defines gross income as "all income from all sources." Employment income from salaries, wages, and commissions are included in child support. So are any bonuses or overtime pay you receive. Rental income gets counted as income for child support cases. Housing allowances for military servicemembers are counted as well. Even lottery winnings are income in Virginia child support cases.

Virginia follows the "parental generosity rule" in child support cases. Children have the right to share in the good fortune of their parents. There is no line where a child gets "enough" support from their parents. The overall child support for a child always goes up when the parent's incomes increase. It may only go up by a few pennies for every extra dollar of income, but it will go up.

Can Child Support be Modified in Virginia?

Child support can be modified in Virginia. Virginia Code Section 20-108 allows the court to change child support "as the circumstances of the parents and the benefit of the children may require." In other words, something significant must change before the court will modify child support. A large increase - or decrease - in a parent's income could justify changing child support. A change in the child's needs could also be the basis for a support modification. The custody schedule changing can also impact child support. This is especially true in shared custody and split custody situations.

If the court finds a significant change has occurred, it will calculate the new guideline child support amount. After that, the court will consider if deviation from the guidelines is appropriate. Then, it will enter a new child support order.

Can We Agree on a Child Support Amount?

Yes, you can agree on a child support amount with the other parent. If it stays between the two of you, then whatever you both agree on is no problem. When the courts get involved, any agreement between the parents is subject to court approval. This is because child support is a right of the child to be supported by both parents.

The court will almost always allow the parents to agree to child support that is higher than the guideline amount. An agreement to pay no child support, or minimal support, will need more than the parent's consent. A written agreement between the parents is a factor the court can consider in deviating from the child support guidelines. But the guidelines are still presumed correct, and the court must use them in every case. And the court may not be convinced the guidelines are unjust because the parents say so.

If there is already a child support order in place, the parents can agree to a new child support amount. However, unless you get a new court order you could be setting yourself up for disaster. The only way the court order can be changed is with another court order. Even if it's by agreement, paying less than the full monthly child support amount creates a debt for the unpaid amount. By law, this debt becomes a judgment as soon as the payment is late, so you may owe interests on top of the unpaid support. Any new child support agreement should be made into an order as soon as possible.

What Age Does Child Support End in Virginia?

Child support ends in Virginia when a child emancipates. Normally, this occurs when a child turns eighteen. If a child is still a full-time high school student when they turn eighteen, child support will continue until they graduate or turn nineteen.

A child may also emancipate before eighteen in certain situations. Child support will end for any child that marries or joins the military. It will also end for any child that files for, and obtains, legal emancipation from the court.

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