Virginia Child Support Calculations

Under Virginia law, parents who divorce, separate, or are never together remain financially responsible for their children. In most child custody arrangements, the parties split custody and agree to co-parent their minor children.

In most cases, the parties name one parent as having primary physical custody. The other party becomes the non-custodial parent (NCP). There are also cases where one parent has sole custody of their children. In this type of child support case, the NCP should expect to pay more than they would if they had joint custody.

If you're dealing with child support issues, you should seek legal advice from a Virginia child support attorney.

Typically, the NCP must pay child support to the other parent. This is because the custodial parent has the children for more days per month than the other. For example, a common custody schedule is for the NCP to have their children every other weekend and perhaps on weeknights every week.

Given that the NCP has the children for fewer overnight visits, they should pay child support to the custodial parent. Virginia follows the "income-shares model" of child support, which states that children should get the same proportion of their parents' support that they enjoyed together.

Here, we'll explain how the Virginia courts determine child support. We'll briefly discuss Virginia's child support guidelines and what to do if your ex refuses to pay their child support obligations. If you need help, contact an experienced family law attorney.

How Does the Income-Shares Model Work?

The income-shares model of calculating child support states that children should receive the same proportion of parental income they received when the parents were together.

The courts calculate child support based on the parents' gross income. The primary source of the parents' monthly gross income is their salaries, but the courts also include other sources of income.

When calculating child support payments, the courts consider the following types of income:

The courts also account for the NCP's expenses as well, including (but not limited to) the following:

  • Health care coverage
  • Health insurance
  • Self-employment taxes
  • Court-ordered child support for other children
  • Daycare expenses
  • Work-related childcare costs/childcare expenses
  • Whether the child has special needs
  • Spousal support (as the payor)

Judges consider all these factors when determining the amount of child support payments.

Virginia Child Support Calculations Overview

Working with a family law attorney is the best way to understand Virginia's child support statutes. Reading a simple language guide to the statutes is another helpful way to learn the law. See the chart below for a basic overview of Virginia's child support calculations.

Statutes

Virginia Code Title 20:

  • §20-108.1 (Determination of Child or Spousal Support)
  • §20-108.2 (Child Support Guidelines)
Exemptions from the presumptive minimum obligation

Parents who lack enough assets to pay child support and who are also:

  • In a psychiatric facility
  • In prison for life
  • Totally and permanently disabled
  • Otherwise involuntarily unable to produce income
Factors for child support calculations

Some of the factors the courts use to determine child support calculations include:

  • Combined gross monthly income
  • Number of children
  • Custody arrangements
  • Other factors, including the health of the parents

Disclaimer: State laws are always subject to change through new legislation, higher court rulings, and other means. While we strive to provide the most current information, consult a child support attorney or conduct further legal research to verify your state laws.

Speak With an Attorney About Virginia Child Support Calculations

Virginia's child support calculations involve more than just plugging numbers into the guidelines worksheet. The child support order significantly affects your child's life. If you're dealing with child support issues, you should seek legal advice from a Virginia child support attorney who knows the law and can benefit from their experience.

Virginia Child Support Calculations: Related Resources

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