How is child support calculated in Virginia?

Virginia child support is governed by Va. Code § 20-108.2 (sole custody guideline) and § 20-108.2(G) (shared-custody guideline).

1. Sole Custody Calculation (§ 20-108.2(B))

Determine monthly gross income of each parent.

Combine them.

Read the Basic Child Support Obligation from the Schedule in § 20-108.2(B).

Each parent owes a pro rata share by income.

Add work-related childcare and health insurance premium to the basic obligation; allocate by income share.

The non-custodial parent's share becomes the order.

2. Shared Custody Calculation (§ 20-108.2(G)(3))

When each parent has the child for more than 90 days per year, the shared-custody formula applies:

Multiply the basic obligation by 1.4 (reflecting duplicated household costs).

Each parent owes their pro-rata share for the days the other parent has the child.

The lower amount is subtracted from the higher; the difference is the shared-custody support.

3. Split Custody (§ 20-108.2(G)(2))

When each parent has primary custody of at least one of the children, separate calculations are run for each child and offset.

4. Gross Income (§ 20-108.2(C))

Includes salaries, wages, commissions, royalties, bonuses, dividends, severance, pensions, capital gains, Social Security, workers' compensation, disability/insurance benefits, gifts, prizes, awards. Excludes child support received and benefits from public assistance.

5. Imputation (§ 20-108.1(B)(3))

Court may impute income on voluntary unemployment or underemployment based on recent work history, occupational qualifications, and prevailing earnings in the community.

6. Duration (Va. Code § 20-124)

Support continues until the child:

Reaches age 18, OR

Reaches age 19 if still a full-time high school student, not self-supporting, and living with a parent seeking support.

Support may continue indefinitely for an adult disabled child unable to live independently (§ 20-124.2).

7. Modification (Va. Code § 20-108)

A material change in circumstances permits modification. The Division of Child Support Enforcement (DCSE) conducts administrative reviews; a 15% deviation between the existing order and a new calculation is generally a material change.

8. Deviation (§ 20-108.1(B))

The presumptive amount may be deviated from with written findings — factors include the support obligations of either parent, age and special needs of the child, custody arrangements, and standard of living.

This is legal information, not legal advice.