How Child Support Is Calculated in Virginia

Step by step

1. Each parent’s monthly gross income. Gross income means all income from all sources, including wages, commissions, bonuses, self-employment income, pensions, Social Security benefits except as excluded, unemployment and disability benefits, spousal support received, rental income, gifts, prizes, and awards (§ 20-108.2(C)). It does not include public assistance benefits as defined in § 63.2-100, federal Supplemental Security Income, child support received, or certain secondary employment income used to pay an arrearage under a court or administrative order.
2. Adjustments. Spousal support paid under an order or written agreement is deducted and spousal support received is included, one-half of any self-employment tax paid is deducted, and reasonable business expenses are deducted for income from self-employment, a partnership, or a closely held business (§ 20-108.2(C)). There is a presumption that support a parent is actually paying for other children under an order or written agreement is deducted, and a presumed deduction for other children living in a parent’s household or primary physical custody.
3. The schedule. The combined monthly gross income and the number of children set the monthly basic child support obligation from the schedule in § 20-108.2(B). Amounts between listed incomes are extrapolated, and for combined incomes above $42,500 a month, the statute adds a percentage of the income above $42,500.
4. Added costs. The cost of health care coverage, including vision and dental coverage, for the children, paid by a parent or that parent’s spouse, is added (§ 20-108.2(E)), as are child care costs incurred because of the custodial parent’s employment, up to the amount required for quality care from a licensed source (§ 20-108.2(F)).
5. Each parent’s share. In sole custody, the total is divided between the parents in proportion to their monthly gross incomes, and the noncustodial parent’s share is reduced by the health care coverage that parent pays directly (§ 20-108.2(G)(1)).

Unless there is good cause or the parties agree otherwise, the order also requires the parents to pay reasonable and necessary unreimbursed medical and dental expenses, which include orthodontics and mental health services, in proportion to their gross incomes (§ 20-108.2(D)).

Shared and split custody

• Shared custody. When a parent has custody or visitation for more than 90 days of the year, a shared custody amount is calculated (§ 20-108.2(G)(3)). The schedule amount is multiplied by 1.4. For each parent, that amount is multiplied by the other parent’s share of custody days, the other parent’s health care coverage and work-related child care costs are added, and the total is multiplied by the first parent’s share of income. The two amounts are netted. The shared amount is presumptive unless a party affirmatively shows that the sole custody amount is less, in which case the lesser amount is paid.
• Counting days. A day is a 24-hour period, but when the parent with fewer overnights has the child overnight for less than 24 hours, there is a presumption that each parent is allocated one-half of a day for that period (§ 20-108.2(G)(3)(c)).
• Low incomes in shared custody. If either parent’s gross income is at or below 150 percent of the federal poverty level, the shared amount is not presumptively correct and the court may consider whether the sole or shared amount is more just and appropriate (§ 20-108.2(G)(3)(d)).
• Split custody. When each parent has physical custody of at least one of the children, each parent’s obligation as a noncustodial parent is computed and the parent owing more pays the difference (§ 20-108.2(G)(2)).

The statewide worksheets are DC-637, Child Support Guidelines Worksheet, DC-638, Child Support Guidelines Worksheet, Split Custody, and DC-640, Child Support Guidelines Worksheet, Shared Custody. The worksheet the court relies on is placed in the court’s file and a copy is given to the parties (§ 20-108.2(B)).

When the court departs from the guideline

The guideline amount is a rebuttable presumption (§ 20-108.2(A)). To depart from it, the court must make written findings that applying the guideline would be unjust or inappropriate, state the guideline amount, and justify the difference, based on evidence about factors listed in § 20-108.1(B). They include support for other family members, custody arrangements and visitation travel costs, debts incurred during the marriage for the child, special needs of the child, the child’s independent resources, tax consequences, a written agreement of the parties, and other factors needed to consider the equities.

Start date and how long support lasts

• Retroactive to filing. Support liability is determined retroactively from the date the case was filed with the court, provided the person seeking support used due diligence in serving the other party, or from an earlier date in some cases where a Department of Social Services support order was delivered for service (§ 20-108.1(B)).
• Past 18. Support continues for a child over 18 who is a full-time high school student, not self-supporting, and living in the home of the parent receiving support, until the child reaches 19 or graduates, whichever comes first. The court may also order support for an adult child with a severe and permanent disability that began before 18 (or before 19 for a child meeting the high school conditions) who cannot live independently and lives with the parent (§ 16.1-278.15(A); § 20-124.2(C)).

Where to ask for support

The J&DR District Court Manual says civil support cases against a Virginia resident start with Form DC-610, Petition for Support (Civil), filed with an intake officer. No one is required to obtain support services from the Department of Social Services before filing (§ 16.1-260(A)). The judiciary’s J&DR pamphlet notes that you can instead ask the Division of Child Support Enforcement to open a case.

Primary sources

Laws, rules and forms change. Check the current version at the source before you file.

• Va. Code § 20-108.2, child support guideline and schedule
• Va. Code § 20-108.1, determination of child support
• Va. Code § 20-124.2, support for children over 18
• Va. Code § 16.1-278.15, J&DR support orders
• Va. Code § 16.1-260, intake; petition
• Form DC-637, Child Support Guidelines Worksheet
• Form DC-638, worksheet for split custody
• Form DC-640, worksheet for shared custody
• J&DR District Court Manual, Chapter 9, Support
• The Juvenile and Domestic Relations District Court (judiciary pamphlet)
• Virginia Division of Child Support Enforcement