Created by FindLaw's team of legal writers and editors | Last reviewed November 07, 2018
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In Virginia, both parents are legally obligated to financially provide for their minor children, regardless of marital status. For parents that aren't together, this duty comes in the form of child support payments.
Virginia follows an "income shares" model to calculate child support, which is based on the idea that children should receive the same proportion of parental income that they would've received had the parents stayed together in the same household. This means that the calculations are made based on both parents' combined income. The main source of the income is obviously the salary, but also includes bonuses, overtime tips, dividends, unemployment or disability benefits, and spousal support, among other sources.
The parents' combined income is the first step in performing the calculations that determine the amount of child support payments. There are numerous online calculators available which can provide an estimate of the obligation, but there's still some level of uncertainty about the accuracy of their results. The amount using the state guidelines is presumed to be a correct amount and can only be rebutted with evidence that the amount is unjust or inappropriate.
The best way to understand the relevant child support statutes is by working with an attorney. Reading a simple language guide to the statutes is another helpful way to get a handle on the law. See the chart below for a basic overview of Virginia's child support calculations.
Statutes |
Virginia Code Title 20: |
Exemptions from the presumptive minimum obligation
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Exemptions:
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Factors for child support calculations |
Some of the factors that will determine child support calculations include:
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Child support obligation chart |
After the income is determined for both parents, the figures are added together. Then the court refers to the child support guidelines which establish a chart detailing the child support award in relation to the parents' income and the number of children. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Virginia's child support calculations consist of more than just mere numbers. The child support order significantly affects your child's life. If you're dealing with child support issues, then consider speaking with a Virginia child support attorney who knows the law and can give you the benefit of their experience.
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