Income Information and Support Worksheets in Virginia

No long-form financial affidavit

The judiciary’s J&DR domestic relations forms page does not post a general financial statement or affidavit for support cases. The one financial statement listed there, DC-606, is for assessing guardian ad litem costs. The guideline in Va. Code § 20-108.2 runs on each parent’s monthly gross income plus a few specific costs, so that is the information the court asks for.

What the support petition must say

Except for temporary support in a protective order case, Rule 8:3(c) requires a petition for support to include, among other things:

• The names and residential addresses of the person seeking support, the person from whom support is sought, and the children.
• Whether the Division of Child Support Enforcement is involved, whether the parents are or were married to each other and, if not, whether paternity has been adjudicated, and whether custody has been adjudicated.
• If known, each parent’s date of birth, Social Security number, driver’s license number, and employer.
• A copy of the most recent support order, if any.
• Whether either parent holds a Virginia professional, occupational, or recreational license, and its type.

If a protective order has been issued or a party says they are at risk of physical or emotional harm from the other party, only the name of the party at risk goes on the petition. The other information is still given to the court and is not disclosed except by court order.

What to bring to the hearing

DC-603, Notice of Information Required in Child/Spousal Support Proceedings (revised 10/21) says that at your hearing you will be required to give the judge your gross income, contact information, employer, licenses, whether you or your spouse can provide health care coverage for the children and what it costs to cover the children only, day care costs and provider, and support you pay for other children or other persons. It also notes the judge may require your most recent pay stub or other statement of gross monthly income before the hearing, and documentation of day care costs.

Separately, Rule 8:15(d) allows the judge in a civil support proceeding to require the parties to file a statement of gross income together with supporting documentation.

Other disclosure tools

• Worksheets. The calculation is laid out on DC-637, DC-638 (split custody), or DC-640 (shared custody).
• In mediation. Where the dispute involves support of minor children, the parties must disclose to each other and to the mediator the information used to complete the guidelines worksheet, and any written agreement must include the guideline computations and reasons for any deviation (§ 8.01-576.9).
• Vocational evaluation. When earning capacity or voluntary unemployment or underemployment is in controversy, the court may, on motion and for good cause, order a party to submit to a vocational evaluation (§ 20-108.1(H)).
• Discovery. Any other discovery in the J&DR court requires a timely motion and good cause, and no depositions may be taken (Rule 8:15(c)).

What the support order will contain

Every child support order must include the items in § 20-60.3, among them notice that support may be withheld from income, the monthly amount and effective date, health care coverage provisions, and any arrearage that exists. If payments go through the Department of Social Services or directly to the other parent, the order must require the parties to give at least 30 days’ advance written notice of a change of address, and notice of a change of telephone number within 30 days after it, unless the court orders otherwise for good cause. It must also require the paying parent to report a change of employer or employment status in writing within 30 days.

Primary sources

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

• Rules of Supreme Court of Virginia, Rules 8:3 and 8:15 (full rules PDF)
• Va. Code § 20-108.2, child support guideline
• Va. Code § 20-108.1, determination of support; vocational evaluation
• Va. Code § 20-60.3, contents of support orders
• Va. Code § 8.01-576.9, duties of neutrals; support disclosure
• Form DC-603, Notice of Information Required in Child/Spousal Support Proceedings
• Form DC-637, Child Support Guidelines Worksheet
• Form DC-638, worksheet for split custody
• Form DC-640, worksheet for shared custody
• J&DR domestic relations forms, vacourts.gov