When parents separate or divorce in Virginia, figuring out child support becomes one of the most important steps for protecting children's financial well-being. Virginia child support is a legal obligation requiring both parents to contribute financially to raising their children, regardless of their relationship status.
What Is Virginia Child Support and How Does It Work?
Virginia child support is a court-ordered payment system that ensures children receive financial support from both parents. The system operates on a simple principle: children whose parents live apart should receive the same level of financial support they would have if their parents stayed together.
Both parents have a legal duty to support their children in Virginia, whether they were married, are divorcing, or were never together. The Division of Child Support Enforcement works in partnership with federal authorities and state agencies to establish and enforce these support obligations based on federal and state law.
Basic Purpose
The primary goal of Virginia's child support system is to help parents meet their child and medical support responsibilities. Support payments cover essential expenses like housing, food, clothing, education, medical care, and childcare. These payments help maintain children's quality of life and provide stability during what can be a difficult transition.
Virginia uses standardized guidelines to calculate support amounts, which creates consistency and fairness across the state. These guidelines ensure that mothers and fathers contribute a fair amount based on their incomes and that children in similar situations receive similar levels of support regardless of which county handles their case.
Who Qualifies for Virginia Child Support?
Any parent or legal guardian with physical custody of a child can seek child support in Virginia. This includes parents who are divorcing, parents who were never married, and even certain relatives or caretakers who have taken on parenting responsibilities for a child.
You can file for child support as part of a divorce case, a custody case, a paternity case, or as a standalone support proceeding. If you're the custodial parent or have joint physical custody, you may be entitled to receive support from the other parent to help cover the children's expenses.
Establishing Paternity First
For unmarried parents, paternity must be established before child support can be ordered. Paternity means legally confirming who the child's father is. This can happen through voluntary acknowledgment, where both parents sign paperwork agreeing on paternity, or through DNA testing if there's a dispute.
Once paternity is established, child support gets calculated using the same guidelines that apply to divorced or separated parents. The Virginia Department of Social Services Division of Child Support Enforcement can help with paternity establishment if needed. Last year alone, DCSE established nearly 8,000 paternities in Virginia.
How Much Is Virginia Child Support?
The amount of Virginia child support varies significantly based on multiple factors. There's no single answer because every family's situation differs. However, Virginia uses specific mathematical formulas in its Child Support Guidelines to calculate amounts consistently and fairly.
The calculation considers both parents' gross incomes, the number of children needing support, custody arrangements, health insurance costs for the children, and work-related childcare expenses. These factors combine to produce the total support obligation that gets divided between parents based on their incomes.
Minimum Support Amounts
Virginia establishes a minimum child support payment to ensure that even low-income parents contribute something. Under current guidelines, the minimum payment amount is $68 per month. This minimum applies to ensure both parents participate in supporting their children to whatever extent they're able.
However, courts consider parents' basic needs when setting support. Calculations won't create obligations that seriously impair the custodial parent's ability to maintain minimal adequate housing and provide necessities for the child. The system balances children's needs with parents' realistic ability to pay.
What Does Virginia Child Support Cover?
Understanding what child support pays for helps both parents plan their budgets and ensure children's needs get met comprehensively. Virginia child support covers much more than just basic food and shelter.
Support payments are intended to cover housing costs, including rent or mortgage payment,s proportionate to the child's share of the home. They cover food and groceries, clothing and shoes, utilities, and basic household necessities that children use daily.
Healthcare and Education Expenses
Medical expenses represent a significant portion of child support. This includes health insurance premiums, co-pays and deductibles, prescription medications, eyeglasses, orthodontics like braces, and mental health services. Parents typically share unreimbursed medical and dental expenses beyond basic support based on their income percentages.
Education costs covered include school supplies, fees, uniforms, and sometimes tutoring. Childcare represents another major expense category, covering daycare, before and after-school programs, and summer care that allows the custodial parent to work.
Depending on the specific order and parents' agreement, support might also cover extracurricular activities like sports, music lessons, and other enrichment programs that contribute to children's development and well-being.
How Does Virginia Calculate Child Support Amounts?
Virginia uses the Income Shares Model for calculating child support. This model estimates how much money would have been spent on children if parents had stayed together, then divides that amount between parents based on their incomes.
The calculation starts with determining each parent's monthly gross income from all sources. This includes not just regular wages but also bonuses, commissions, self-employment income, rental income, disability benefits, unemployment compensation, and many other income sources.
The Step-by-Step Calculation Process
First, calculate each parent's gross monthly income and make allowable adjustments for things like spousal support payments and support paid for other children. Add both parents' adjusted incomes together to get the combined available monthly gross income.
Use this combined income to look up the basic child support obligation on Virginia's official schedule. This schedule is a large table showing support amounts based on combined income levels and number of children. Find your income level in the first column and your number of children across the top.
Add monthly costs for the children's health insurance and work-related childcare to the basic obligation. This creates the total support obligation. Each parent's share equals their percentage of combined income multiplied by the total obligation. The noncustodial parent pays their share to the custodial parent each month.
What Income Counts for Child Support in Virginia?
Virginia defines gross income very broadly to capture parents' true ability to contribute. Gross income means income from all sources before taxes and deductions. This comprehensive definition prevents parents from hiding income or understating their ability to pay support.
Income sources that count include salaries and wages, tips and overtime pay, commissions and bonuses, severance pay, self-employment income after reasonable business expenses, dividends and interest, pension and retirement income, Social Security benefits, workers compensation, disability insurance benefits, unemployment compensation, veterans benefits, spousal support received, rental income after expenses, and even gifts, prizes or awards.
Income That Doesn't Count
Certain types of income don't count toward child support calculations. Public assistance benefits like TANF or food stamps are excluded. Federal supplemental security income (SSI) doesn't count. Child support you receive for other children not involved in the current case gets excluded.
Income from secondary employment taken specifically to pay off existing child support arrears also doesn't count. This exception recognizes that parents sometimes take extra jobs just to catch up on back support, and including that income would create an unfair cycle.
How Do Custody Arrangements Affect Support?
The custody arrangement significantly impacts how Virginia child support gets calculated. Virginia recognizes three main custody types, and each uses different formulas for determining support obligations.
Sole custody applies when one parent has primary physical custody, and the other parent has the child fewer than 90 days per year. The noncustodial parent pays support to the custodial parent using the standard calculation. This is the most common and straightforward arrangement.
Shared Custody Calculations
Shared custody applies when both parents have the child at least 90 days per year. This threshold of 90 days is crucial; at 89 days you use sole custody formulas, but at 90 days the calculation method changes completely to shared custody formulas.
Virginia recognizes that maintaining two households for children costs more than one household. The shared custody calculation multiplies the basic support obligation by 1.4 to account for these additional expenses. The formula then considers both income percentages and parenting time percentages to determine each parent's obligation.
Generally, the closer parents are to equal parenting time, the lower the support payment becomes. This reflects that both parents directly provide for children during their time, reducing the need for support transfers between parents.
What Is Split Custody?
Split custody is less common but applies when parents have at least two children together, and each parent has primary custody of at least one child. For example, the older child lives primarily with dad while the younger child lives primarily with mom.
In split custody situations, each parent is both a custodial parent for the children with them and a noncustodial parent for the children with the other parent. Virginia calculates what each parent would owe as a noncustodial parent for the children living with the other parent.
How Split Custody Support Gets Calculated
The court determines each parent's theoretical child support obligation for the children not living with them. Then it subtracts the smaller obligation from the larger one. The parent owing more pays the difference to the other parent.
This calculation ensures support flows appropriately while recognizing that both parents are providing primary care for at least one child. It balances financial responsibilities fairly based on the unique circumstances of split custody arrangements.
Can Parents Agree on Their Own Support Amount?
Parents can negotiate child support agreements outside court, and many prefer working together to find mutually acceptable terms. However, any agreement must be submitted to the court for judicial review and approval before it becomes legally enforceable.
Courts review parent agreements to ensure they serve children's best interests and reasonably comply with Virginia's guidelines. If parents agree on an amount different from what the guidelines calculate, they should prepare to explain why their agreed-upon amount better serves their children's needs.
Why Court Orders Are Essential
Even when both parents completely agree, the agreement creates no legal obligation until a judge signs an order approving it. Without court approval, agreements aren't enforceable. If one parent stops following the agreement, the other parent has no legal recourse to force compliance.
Parents cannot agree to eliminate child support. The right to support belongs to the child, not the parents. Courts won't approve agreements that waive children's right to financial support, or that try to limit the court's authority to enforce or modify support in the future.
What Happens If Parents Don't Pay Support?
When parents don't pay court-ordered Virginia child support, serious consequences follow. Unpaid support becomes arrearages, a debt that doesn't go away. Virginia adds 6% annual interest to all arrearages, making the debt grow larger over time.
The Division of Child Support Enforcement has multiple tools for collecting unpaid support. The most common is income withholding, where employers automatically deduct support from paychecks and send it to DCSE before the parent receives their pay.
Additional Enforcement Methods
DCSE can intercept federal and state tax refunds to satisfy child support debts. Last year, the agency collected over $639 million for Virginia's children. They report delinquent parents to credit bureaus, damaging credit ratings and making it harder to get loans or credit cards.
For significant arrearages, Virginia can suspend a driver's license, making it illegal to drive until support is paid current. Professional and occupational licenses can also be suspended, preventing parents from working in licensed fields. DCSE can place liens on property, preventing sale or refinancing until the debt is satisfied.
In extreme cases, parents can be found in contempt of court for failing to pay support. Contempt can result in fines or even jail time until arrangements are made to pay what's owed.
How Do You Apply for Virginia Child Support?
Applying for Virginia child support is straightforward through multiple available channels. If you're filing for divorce, child support gets handled as part of the divorce process through the court system.
If you aren't married to your child's other parent, apply for services with the Division of Child Support Enforcement through the MyChildSupport portal at mychildsupport.dss.virginia.gov. The online system allows you to apply, manage your case, make payments, and view your payment history.
What DCSE Does for You
The Division of Child Support Enforcement provides comprehensive services to parents who apply. They can locate missing parents who have disappeared without providing support. DCSE has access to databases and tools that help track down parents avoiding their obligations. Last year, DCSE located over 153,000 noncustodial parents.
DCSE establishes paternity when necessary, which is required before support can be ordered for unmarried parents. They calculate support amounts using Virginia's guidelines and establish support orders. DCSE collects payments and distributes them to custodial parents, maintaining records of all transactions.
You can contact the DCSE Customer Service Center at 1-800-468-8894 for help with your case. Staff are available Monday through Friday from 7 a.m. to 6 p.m. to answer questions and provide assistance.
When Does Virginia Child Support Start?
If parents reach a support agreement, that agreement can specify when payments begin. Without an agreement, Virginia law allows courts to make support orders retroactive to the date the petition was filed.
This retroactive provision is extremely important. If you file for child support in January but don't get a court order until May, the paying parent owes support dating back to January. Those back payments become arrears that must be paid in addition to ongoing monthly support.
Don't Delay Filing
The retroactive rule creates a powerful incentive to file for support as soon as you separate from the other parent. Every month you wait is potentially a month of support you'll never receive. Filing establishes the earliest possible start date for your support obligation.
Once filed, work diligently to complete the process and get a court order in place. The sooner you have an order, the sooner regular payments begin flowing to help support your children.
When Does Virginia Child Support End?
Generally, Virginia child support obligations end when children reach age 18. However, several important exceptions extend support beyond this basic age limit.
Support continues for children over 18 who are full-time high school students, not self-supporting, and living with the parent receiving support. In these situations, support continues until the child turns 19 or graduates from high school, whichever happens first.
Support for Adult Children with Disabilities
Courts can order support to continue indefinitely for adult children with severe and permanent mental or physical disabilities. The disability must have existed before the child turned 18, or before age 19 if they qualified for the high school extension.
The child must be unable to live independently and support themselves. They must reside in the home of the parent seeking or receiving support. These requirements ensure support continues for children who genuinely need ongoing parental financial assistance due to disabilities preventing self-sufficiency.
Can Virginia Child Support Be Modified?
Virginia child support orders can be modified when circumstances change significantly. Life doesn't stand still, and support orders shouldn't either when major changes make the current order unfair or inappropriate.
Parents have the right to request a review of their support order by DCSE every three years. This automatic review right ensures orders stay current even when circumstances change gradually over time.
Changes That Justify Modification
Between three-year reviews, modification is possible when there's been at least a 25% change in certain key factors. Significant changes in either parent's income qualify for modification. Changes in the cost of health insurance for the children or changes in childcare costs can justify modifying the order.
Adding or removing children from an order due to birth or emancipation qualifies. Major changes in custody arrangements affecting how much time children spend with each parent warrant modification. A parent's recall to active military duty or incarceration for at least 180 consecutive days also constitutes a material change.
Parents must file formal petitions with the court requesting modification. Never simply stop paying or change the amount you pay based on changed circumstances. Only a new court order makes modifications legally enforceable and protects both parents.
How Is Child Support Paid in Virginia?
Virginia offers multiple payment methods to make child support convenient for parents. The most common method is automatic income withholding, where employers deduct support from paychecks and send it directly to the appropriate agency.
For parents whose income doesn't come from regular employment, like self-employed parents, other payment options exist. You can make payments online through the MyChildSupport portal using eCheck, which drafts money directly from your bank account.
Making Payments Through DCSE
When your order specifies that payments go through DCSE, all payments should flow through that system. This creates an official record of every payment, protecting both parents. The paying parent has proof they paid, and the receiving parent has documentation of what was received and when.
DCSE's new mailing address for payments is: Treasurer of Virginia, PO Box 28990, Richmond, VA 23228-8990. For correspondence about your case, write to: DCSE, PO Box 28450, Richmond, VA 23228-8450. Note that mail sent to old addresses experiences 7-10 day delays due to forwarding.
What If You Disagree with the Support Amount?
If you believe the calculated Virginia child support amount is unfair or inappropriate for your situation, you can ask the court to deviate from the guidelines. Virginia law creates a rebuttable presumption that the guideline amount is correct, but parents can present evidence to overcome this presumption.
Courts consider numerous factors when deciding whether to deviate from guidelines. Each parent's earning capacity, financial resources, debts, and special needs matter. Custody arrangements factor in, including costs for children's travel between parents' homes.
Proving Deviation Is Warranted
Children's special needs resulting from physical, emotional, or mental conditions may justify higher support. Extraordinary expenses like private school tuition or specialized medical care not covered by insurance can warrant deviations.
If a parent is voluntarily unemployed or underemployed to avoid paying support, courts can impute income based on what that parent could earn. The judge looks at work history, education, and available jobs to determine earning capacity.
If a judge grants a deviation, Virginia law requires written findings explaining the decision. The order must state what amount would have been required under the guidelines and justify why the actual order differs.
What Rights Do Parents Have?
Both parents paying and receiving Virginia child support have specific rights protected by law. Understanding these rights helps ensure fair treatment throughout the child support process.
Parents paying support have the right to credit for all payments properly made. They can request modification when circumstances change materially. They're entitled to notice before enforcement actions and can contest arrearage amounts they believe are incorrect.
Responsibilities That Come with Rights
Parents receiving support have the right to receive payments as ordered. They can request enforcement assistance from DCSE when payments don't arrive. They can request modification when children's needs increase. They're entitled to collect arrearages with interest.
With rights come responsibilities. Parents paying support must pay the full amount on time every month through the specified payment method. They must notify DCSE about address changes, new employers, and employment status changes within 30 days.
Parents receiving support should use the payments for their children's benefit. They must provide information about unreimbursed medical expenses that must be shared. Both parents should avoid making informal agreements to change support without court approval.
Where Can You Get Help with Virginia Child Support?
Multiple resources exist to help Virginia parents navigate the child support system. The Virginia Department of Social Services website at dss.virginia.gov provides helpful information, including FAQs, guidelines, and application forms.
The Division of Child Support Enforcement customer service line at 1-800-468-8894 offers assistance with questions about calculations, enforcement, and case management. DCSE staff can explain the process, help you understand your rights, and guide you through applying for services.
When to Consult an Attorney
Some situations benefit from professional legal guidance. Consider consulting a family law attorney when you have complicated custody arrangements, when arguing for or against deviation from guidelines, or when you can't agree with the other parent about modification.
Attorneys help with accurate income calculations for self-employed parents or those with irregular income. They represent you in court hearings and negotiate settlements protecting your interests while serving children's needs. Many attorneys offer initial consultations to discuss your specific situation.
Legal aid organizations provide free or low-cost assistance to qualifying low-income parents. These organizations help with establishing orders, modifying existing orders, and enforcing collection when the other parent isn't paying.
Your Support Order
Once you receive a Virginia child support order, understanding its contents is crucial for compliance. The order specifies the exact monthly support amount and when payments are due. It identifies which parent pays and which parent receives support.
The order includes information about both parents and the children, including names, dates of birth, and contact information. It explains how payments should be made—whether through DCSE or directly to the other parent—and specifies the payment schedule.
Important Provisions to Note
Your order will include provisions about health insurance, specifying which parent must provide coverage for the children. It explains how unreimbursed medical and dental expenses get shared between parents based on income percentages.
The order addresses what happens if support isn't paid, warning about potential consequences like wage garnishment, license suspension, and contempt proceedings. It explains how long support continues and under what circumstances it ends.
Keep your support order in a safe place where you can access it easily. Review it periodically to ensure you understand your obligations and rights. If you have questions about what the order requires, contact DCSE or consult with an attorney for clarification.
Moving Forward with Virginia Child Support
The Division of Child Support Enforcement stands ready to help Virginia parents meet their obligations and receive the support owed to their children. With over $639 million collected annually and thousands of parents assisted, DCSE provides valuable services to families across the commonwealth.
By following proper procedures, communicating effectively, and seeking help when needed, parents can work through child support matters while keeping children's best interests at the center of all decisions. Support exists to benefit children by ensuring both parents contribute fairly to raising them, providing the stability and resources children need to thrive.