Virginia Child Support Basics

When parents separate or divorce in Virginia, understanding child support becomes crucial for ensuring children receive the financial care they need. Virginia child support basics cover how the state calculates support payments, who pays them, and what expenses they cover.

Child support in Virginia isn't just about one parent writing a check to another each month. It's a carefully structured system designed to ensure children maintain the same standard of living they would have enjoyed if their parents stayed together. The Virginia Department of Social Services oversees this system using specific guidelines that courts must follow in nearly every case.

What Is Child Support and Why Does Virginia Require It?

Child support is a court-ordered payment from one parent to another to help cover the costs of raising a child. Both parents in Virginia have a legal duty to support their children financially, regardless of whether they were married, are divorcing, or were never together at all.

The basic principle behind Virginia's child support system is simple: children whose parents live apart should have the same level of support they would have if their parents lived together. The state accomplishes this through the Virginia Child Support Guidelines, which provide a mathematical formula for calculating fair support amounts based on both parents' combined incomes and the children's needs.

The Purpose of Child Support Orders

Virginia child support orders serve multiple purposes beyond just providing money for basic necessities. These orders create legal obligations that both parents must follow, establishing clear expectations about financial responsibilities. The orders specify exactly how much support gets paid, when payments are due, and how long the obligation continues.

Courts issue these orders to protect children's interests and ensure consistency. Without court orders, parents might make informal agreements that later fall apart, leaving children without adequate support. The legal framework created by child support orders gives both parents clear guidelines and legal recourse if problems arise.

Who Pays Child Support in Virginia?

In traditional custody arrangements, the noncustodial parent pays child support to the custodial parent. The custodial parent is the one who has the child living with them most of the time, while the noncustodial parent typically has visitation rights or parenting time that amounts to less than 90 days per year.

However, just because one parent makes child support payments doesn't mean the other parent isn't contributing financially. Virginia's guidelines assume that custodial parents meet their portion of the support obligation by directly paying for daily expenses when children live with them. This includes things like groceries, utilities, housing costs, and everyday necessities.

How Gender Doesn't Determine Who Pays

Virginia child support laws are gender-neutral. The parent who pays support is determined by custody arrangements and income levels, not by whether the parent is the mother or father. If the father has primary physical custody and earns less than the mother, she would pay child support to him.

Even parents who don't have custody or visitation must pay support unless they legally give up parental rights for a step-parent adoption. The support obligation exists because of the parent-child relationship, not because of the amount of time spent with the child.

What Does Virginia Child Support Cover?

Child support payments are intended to cover a wide range of expenses related to raising children.

The goal is to prevent a drastic drop in children's living standards after parents separate. Child support helps maintain continuity and stability during what can be an emotionally difficult transition for the entire family.

Additional Medical and Dental Expenses

Beyond the basic child support amount, Virginia law typically requires parents to share unreimbursed medical or dental expenses. These are costs that insurance doesn't cover, and they get divided between parents based on their income percentages.

Unreimbursed medical or dental expenses include eyeglasses, prescription medications, prosthetics, orthodontics like braces, and mental health services. Both parents share responsibility for these costs as they arise, with each paying their proportionate share based on how much they earn relative to the other parent.

How Does Virginia Calculate Child Support?

Virginia uses the Income Shares Model for calculating child support based on both parents' combined incomes. This model estimates how much money would have been available for the children if the parents had remained together, then divides that responsibility proportionately between both parents.

The calculation starts with determining each parent's gross income from all sources. This includes much more than just wages from a regular job. The combined incomes determine the basic child support obligation using Virginia's official schedule, which is a table showing support amounts based on income levels and the number of children.

The Basic Calculation Process

First, calculate each parent's monthly gross income, including all sources. Make adjustments for spousal support paid or received, child support paid for other children, and allowable business expenses for self-employed parents. 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 schedule. Add costs for health insurance for the children and work-related childcare expenses to get the total child support obligation. Each parent's share equals their percentage of the combined income multiplied by the total obligation.

The noncustodial parent pays their calculated share to the custodial parent each month. If the noncustodial parent pays for the children's health insurance directly, they receive a credit that reduces their monthly payment by that amount.

What Income Counts Toward Child Support Calculations?

Virginia defines gross income very broadly to include income from all sources. This comprehensive definition ensures the calculation reflects parents' true ability to contribute to their children's support.

Income sources that count include

• Salaries, wages, commissions, royalties, and bonuses
• Self-employment income after reasonable business expenses
• Dividends, severance pay, pensions, and interest
• Trust income, annuities, and capital gains
• Social Security benefits and veterans benefits
• Workers compensation and disability insurance benefits
• Unemployment insurance payments
• Spousal support received from any source
• Rental income after reasonable expenses
• Gifts, prizes, or awards

Income that doesn't count

• Public assistance benefits like TANF or food stamps
• Federal supplemental security income (SSI)
• Child support received for other children
• Income from extra jobs taken specifically to pay existing child support arrears

Making Adjustments to Gross Income

After determining gross income, Virginia allows certain deductions. If you pay spousal support under a court order or written agreement, subtract that monthly amount. If you receive spousal support, add it to your income. Self-employed parents can deduct one-half of their self-employment tax.

Parents paying court-ordered child support for children from other relationships can typically deduct those payments from gross income. Parents with other children living in their homes who aren't subject to the current support order may also receive a deduction based on what the guidelines show for supporting those children.

How Do Different Custody Arrangements Affect Support?

Virginia recognizes three main types of custody arrangements, and each uses different calculation methods for determining child support obligations. Understanding which type applies to your situation is essential for getting accurate support calculations.

Sole custody applies when one parent has primary physical custody and the other parent has the child for fewer than 90 days per year. The noncustodial parent pays support to the custodial parent using the standard calculation formula. This is the most straightforward arrangement.

Shared Custody Support Calculations

Shared custody applies when both parents have the child for at least 90 days per year. Virginia recognizes that maintaining two households for children costs more than maintaining one, so the calculation multiplies the basic support obligation by 1.4 to account for these additional costs.

The shared custody formula considers both parents' income percentages and their parenting time percentages. Each parent's obligation gets calculated based on how much time they have with the children and how much they earn. The parent with the higher calculated obligation pays the difference to the other parent.

Generally, the closer parents are to a 50-50 custodial arrangement, the lower the child support payment becomes. This reflects that both parents are directly providing for children during their parenting time, reducing the need for support payments between them.

What Is Split Custody and How Does It Work?

Split custody is less common but applies when parents have at least two children together, and each parent has primary physical custody of at least one child. For example, one child lives primarily with the mother while another lives primarily with the father.

In split custody situations, the calculation treats each parent as both a custodial parent for the children living with them and a noncustodial parent for the children living with the other parent. Virginia calculates what each parent would owe as a noncustodial parent for the children with the other parent.

Calculating Split Custody Support

The court determines the child support amount each parent would owe for the children not living with them. Then it subtracts the smaller obligation from the larger one. The parent who owes more pays the difference to the other parent.

This method ensures support flows in the appropriate direction while recognizing that both parents are providing primary care for at least one child. It balances the financial responsibilities fairly based on the unique split custody arrangement.

Can Parents Agree on Their Own Child Support Amount?

Parents can negotiate and reach agreements about child support amounts outside of court. Many parents prefer working together to find mutually acceptable terms rather than having a judge impose an order. However, any agreement must still be submitted to the court for approval.

The court reviews parent agreements to ensure they serve the child's best interests and comply reasonably with Virginia's guidelines. If parents agree on an amount different from what the guidelines calculate, they should be prepared to explain why their agreed-upon amount better serves their children's needs.

Parents cannot agree to completely waive or eliminate child support obligations. The right to child support belongs to the child, not the parents. Courts won't approve agreements that strip away children's right to financial support or that attempt to limit the court's authority to enforce or modify support orders in the future.

What Happens When Parents Don't Follow Guidelines?

Virginia law creates a rebuttable presumption that the guideline amount is the correct amount of child support. This means courts presume the calculated amount is appropriate, but either parent can present evidence showing why a different amount would be more just.

Judges can deviate from guideline amounts in certain circumstances, ordering either more or less than the calculation produces. Before deviating, courts must consider numerous factors outlined in Virginia law, always keeping the child's best interests as the primary consideration.

Factors That Justify Deviations

Courts look at each parent's earning capacity, financial resources, debts, and special needs when considering deviations. Custody arrangements matter, including costs for the child's travel between parents' homes. The child's standard of living during the marriage or before separation is considered.

Special needs resulting from physical, emotional, or mental conditions may justify higher support amounts. Court-ordered payments for the child's benefit, including educational expenses or life insurance, factor into the analysis. Extraordinary capital gains, such as from selling the marital home, might also influence the final support amount.

If a judge deviates from the guidelines, Virginia law requires written findings explaining the deviation. The order must state what amount would have been required under the guidelines and justify why the actual order differs from that calculated amount.

How Does Imputation of Income Work?

Sometimes parents voluntarily quit jobs or deliberately take lower-paying positions to avoid paying higher child support. Virginia courts can address this manipulation through income imputation, which means calculating support based on what a parent could earn rather than what they actually earn.

If a court finds a parent is voluntarily underemployed, it may calculate child support based on the parent's previous higher-paying job or their earning capacity. Similarly, if a parent voluntarily quits or gets fired for misconduct, the court may find them voluntarily unemployed and impute income accordingly.

Determining Earning Capacity

Courts look at several factors when determining how much income to impute. These include the parents' work history, prior earnings levels, education and training, and the current job market in their geographic region. The analysis considers what jobs are realistically available to that parent, given their qualifications.

However, courts won't impute income in all situations. Legitimate reasons for reduced employment, like returning to school for better career prospects, caring for very young children, or facing genuine health limitations, may prevent imputation. The key question is whether the employment change was voluntary and made in bad faith to avoid support obligations.

When Does Child Support Begin and End?

If parents reach an agreement about child support, that agreement can specify when payments begin. Without an agreement, Virginia law allows courts to make child support orders retroactive to the date the petition for support was filed with the court.

This retroactive provision means that if you file for child support in January but don't get a court order until June, the paying parent owes support dating back to January. Those back payments become arrears that must be paid in addition to ongoing monthly support.

Standard Termination of Support

Generally, child support obligations end when a child reaches age 18. However, support continues for children over 18 who are full-time high school students, not self-supporting, and living with a parent receiving support. In these cases, support continues until the child turns 19 or graduates from high school, whichever happens first.

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 19 if they qualified for the high school extension). The child must be unable to live independently and support themselves, and must reside with the parent seeking or receiving support.

Can Child Support Orders Be Modified?

Child support orders aren't permanent and unchangeable. When circumstances change significantly, either parent can request a modification through the court. Virginia recognizes that life situations evolve, and support orders should reflect current realities.

Parents have the right to request a review of their support order by the Division of Child Support Enforcement every three years. Between reviews, modification is possible when there's been at least a 25% change in certain key factors.

Qualifying Changes for Modification

Changes that can justify modification between three-year reviews include significant changes in either parent's income, changes in the cost of health care coverage for the children, or changes in childcare costs. Adding or removing a child from an order due to birth or emancipation qualifies for modification.

Changes in custody arrangements that affect how much time children spend with each parent can warrant modification. A parent's recall to active military duty in the National Guard or Reserves qualifies. Incarceration of the parent owing support for at least 180 consecutive days also constitutes a material change in circumstances.

Parents must file a formal petition with the court requesting modification. They can't simply stop paying or pay a different amount based on changed circumstances. Only a new court order makes the modification legally enforceable and protects both parents.

How Is Child Support Enforced in Virginia?

When parents don't pay court-ordered child support, Virginia provides several enforcement mechanisms. The Division of Child Support Enforcement can help custodial parents collect unpaid support using various tools available under state and federal law.

Income withholding orders are the most common enforcement method. These orders require employers to deduct child support payments directly from the paying parent's paycheck and send them to the appropriate agency. This automatic withholding ensures consistent payments without requiring the parent to remember to pay each month.

Additional Enforcement Tools

The state can intercept federal and state tax refunds to satisfy child support arrears. The Division of Child Support Enforcement can report delinquent parents to credit bureaus, which damages their credit rating and makes it harder to get loans or credit cards.

For significant arrearages, the state can suspend a driver's license, making it impossible to drive legally. Professional and recreational licenses can also be suspended, preventing parents from working in licensed professions or enjoying licensed activities until they catch up on support.

Parents can seize and sell the delinquent parent's property or place liens on it. Liens prevent selling or borrowing against property until the child support debt is satisfied. In extreme cases of non-payment, parents can be found in contempt of court, which can result in fines or even jail time.

What Role Does DCSE Play in Child Support?

The Division of Child Support Enforcement (DCSE) is part of the Virginia Department of Social Services. DCSE works in partnership with federal authorities to establish and enforce child support obligations throughout Virginia. Understanding DCSE's role helps parents navigate the child support system more effectively.

DCSE provides different levels of service depending on the type of case. Full-service cases receive comprehensive assistance, including locating non-custodial parents, establishing paternity when necessary, establishing support orders, and enforcingthe  collection of payments.

Services DCSE Provides

DCSE can locate non-custodial parents who have moved or disappeared without providing support. The agency has access to databases and tools that help track down parents who are avoiding their obligations. Last year, DCSE located over 150,000 noncustodial parents in Virginia.

The agency establishes paternity when parentage is in question, which is necessary before child support can be ordered for unmarried parents. DCSE established nearly 8,000 paternities last year. The agency also collects and distributes child support payments, processing over $639 million annually for Virginia's children.

Parents can apply for DCSE services through the MyChildSupport portal online. The Customer Service Center is available at 1-800-468-8894 for questions and assistance Monday through Friday from 7 a.m. to 6 p.m.

How Are Guidelines Kept Current and Fair?

Virginia law requires the state to review and update its Child Support Guidelines every four years. This regular review ensures the guidelines remain current with economic conditions and accurately reflect the actual costs of raising children in Virginia.

The Child Support Guidelines Review Panel conducts these reviews. This panel consists of 15 members, including legislative representatives, judges, DCSE representatives, family law attorneys, custodial parents, noncustodial parents, and a child advocate. This diverse composition ensures multiple perspectives inform guideline updates.

Economic Research Behind Guidelines

The panel considers current research and data on the costs of raising children. They review federal government reports like the Consumer Expenditures Survey, which tracks how families spend money on child-rearing expenses. This data-driven approach helps ensure guidelines reflect real-world costs.

The panel evaluates whether current guidelines produce appropriate support awards that meet children's needs without creating undue hardship for paying parents. After completing their review, they report findings to the General Assembly, which can then update the statutory guidelines based on the panel's recommendations.

This regular review process keeps Virginia's child support system fair and responsive to changing economic conditions. It ensures that support amounts remain adequate to meet children's needs while staying reasonable for parents' ability to pay.

What Is the Minimum Child Support Amount?

Virginia establishes a minimum child support payment amount to ensure that even low-income noncustodial parents contribute something toward their children's support. Under current guidelines, the minimum payment amount for a support order in Virginia is $68 per month.

This minimum applies even when a parent's income is very low. The principle is that both parents should contribute to their children's support to the extent they're able. However, courts consider the basic needs of parents themselves when setting support amounts.

Low-Income Exceptions

When either parent's gross income equals or falls below 150% of the federal poverty level, the shared custody support calculation may not produce the presumptively correct amount. In these cases, courts have discretion to consider whether sole custody support or shared custody support is more just and appropriate.

Courts won't create or reduce support obligations to amounts that seriously impair the custodial parent's ability to maintain minimal adequate housing and provide other basic necessities for the child. This protection ensures children don't suffer because support calculations would make it impossible for the custodial parent to meet basic needs.

Getting Help with Virginia Child Support

Navigating Virginia's child support system can feel overwhelming, especially when you're also dealing with separation, divorce, or custody issues. Various resources exist to help parents understand and manage their child support obligations effectively.

The Virginia Department of Social Services provides helpful information on its website, including FAQs and guidance documents. The DCSE customer service line offers assistance with questions about calculations, enforcement, and case management. Many parents find these free resources sufficient for understanding basic concepts.

When to Consult an Attorney

Complex situations often benefit from professional legal guidance. Consider consulting a family law attorney when you have complicated custody arrangements like split custody, when arguing for or against deviation from guidelines, or when you and the other parent can't agree about modification requests.

Attorneys can help with accurate income calculations for self-employed parents or those with irregular income. They can represent you in court hearings and negotiate settlements that protect your interests while serving your children's needs. Initial consultations often provide valuable insight into your specific situation.

Legal aid organizations provide free or low-cost assistance to qualifying low-income parents. These organizations can help with establishing orders, modifying existing orders, or enforcing collection when the other parent isn't paying as required.

Moving Forward with Child Support

Child support exists to benefit children by ensuring both parents contribute fairly to raising them. The guidelines create consistency and predictability while allowing flexibility for unique family situations. By following proper procedures, communicating effectively, and seeking help when needed, parents can work through child support matters while keeping their children's best interests at the center of all decisions.