Virginia Child Support Guidelines

When a married couple separates or divorces, decisions have to be made about any children. The court typically appoints one custodial parent with the other becoming the non-custodial parent. The non-custodial parent (NCP) has the children for fewer days out of the month. Therefore, they must pay the other parent to help with the children’s care.

Sometimes, the parents negotiate child support on their own or through their divorce attorneys. Otherwise, the court must step in and dictate the amount of child support the NCP must pay. They do so using Virginia’s child support guidelines.

Here, we’ll explain how to request child support in Virginia. We will also discuss how the courts determine the NCP’s child support obligation and the factors they consider. Finally, we’ll describe what happens when the NCP fails to make their child support payment.

How To Request Child Support in Virginia

There are three ways to request child support in Virginia. The path you choose depends on the specific facts of your case.

The three pathways for requesting child support in Virginia include:

• Through the Circuit Court as part of your divorce settlement
• Filing a petition with the Juvenile and Domestic Relations Courts (JDR)
• Filing an application with the Virginia Division of Child Support Enforcement (DCSE)

Once the courts or DCSE determine that the NCP owes child support, they will issue a child support order. This order is enforceable like any other court order.

Most people start the process by submitting an application for child support to a local branch of Virginia’s Division of Child Support Enforcement (DCSE).

The DCSE can help with the following:

• Locating the NCP
• Establishing paternity
• Determining the NCP’s support obligations
• Collecting and distributing support payments
• Enforcing support obligations through its Enforcement Division

Calculation of Support

The courts calculate child support based on the child’s reasonable needs and the NCP’s ability to pay. They use an Income Shares Model. This model assumes that the child should receive the same proportion of their parent’s income regardless of whether their family is intact. Virginia’s child support guidelines follow this approach.

Under federal child support guidelines law, every state must implement, maintain, and publish its child support guidelines at least once every four years. The Family Support Act of 1988 (FSA) requires that these guidelines be presumptive (mandatory) and not discretionary by family law judges.

Factors the Court Considers When Calculating Child Support

The courts use special computer programs to calculate child support. These programs incorporate the state’s child support guidelines to ensure that the amount of support in a particular case is fair and sufficient. The guidelines also consider the best interests of the child.

Federal law also requires that a state’s child support guidelines consider all sources of income for the NCP, including, but not limited to, the following:

• Monthly gross income
• Self-employment income
• Social security benefits
• Workers’ compensation benefits
• Disability
• Capital gains
• Rental income
• Pensions
• Alimony/Spousal support

The Virginia family courts use a child support worksheet to determine how much the NCP must pay. This worksheet considers additional factors, including:

• The number of children
• Whether one parent has sole custody (physical custody) or the parents share custody
• Childcare costs
• Custody arrangements
• Dental expenses
• Special needs of the child
• Whether the parents work full-time
• Tax consequences of the payor’s monthly basic child support obligations
• Health care coverage
• Life insurance

A judge automatically reviews the support amount every three (3) years. The payor can also request a modification of child support if they experience a substantial change in circumstances.

Virginia Child Support Laws at a Glance

The following table highlights the main provisions of Virginia child support laws. For further information, check out FindLaw’s sections on Child Custody, Child Support Modifications, and Virginia Child Support Enforcement.

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

A Virginia Family Law Attorney Can Help

Figuring out who gets the kids during a divorce is extremely stressful, but it’s not the time to make a crucial mistake. Virginia’s child support laws can be confusing, so it may be a good idea to consider consulting an experienced Virginia child support attorney.