In Virginia, determining the appropriate amount of child support is primarily governed by the Virginia Child Support Guidelines, encapsulated in the Virginia Code § 20-108.2. These guidelines establish a presumptive amount of support, ensuring that children receive continued financial support from both parents following a separation or divorce. The child support calculation process in Virginia is both structured and specific, based on a formula that considers various factors to ensure equity and fairness.

The Virginia Child Support Guidelines

The formula considers both parents’ income to determine their respective contributions towards the support of their children. The calculation begins by determining the gross income of both parents. Gross income, as defined by Virginia law, includes all income from all sources, whether earned or passive. Notably, this can consist of salaries, wages, commissions, bonuses, dividends, pensions, and even unearned income such as gifts or prizes. Importantly, the code provides for certain exclusions from gross income, such as public assistance.

Once gross income is determined, each parent’s share of the combined income is calculated. This aids in establishing each parent’s responsibility relative to their financial capacity. The guidelines then apply this income proportion to a table that outlines the support amount correlating to the number of children to be supported. This ensures consistently fair and adequate child support calculations across various economic situations.

Adjustments and Deviations

While the Virginia Child Support Guidelines provide a baseline, the courts acknowledge that each case is distinct. Therefore, there are provisions for adjustments and deviations from the presumptive amount. Virginia courts can adjust the child support obligation based on certain statutory factors. These factors may include the parents’ custody arrangement, any extraordinary medical or educational expenses for the child, or other financial resources available to or for the child. Additionally, the court might consider the support provided for other children or any custody-related travel expenses.

The guidelines also allow for deviations where the court concludes that the presumptive amount is unjust or inappropriate. For such a deviation, courts will weigh the best interests of the child and document reasons detailing why adherence to the guideline’s thresholds would not serve them well. However, deviations are carefully scrutinized to ensure they are justified and that the child’s financial needs remain prioritized.

Shared Physical Custody

An important factor influencing child support calculation in Virginia is shared physical custody arrangements. When parents share physical custody of a child, defined as each parent having the child for at least 90 days out of the year, the child support formula adjusts accordingly. The calculation considers the actual custodial time spent by each parent, thereby modifying financial obligations to better reflect each parent’s direct contribution to the child’s upbringing.

Shared custody involves a more complex formula that accounts for each parent’s respective income, the number of days each parent has physical custody of the child, and the basic support obligation. This ensures that child support reflects both the time and financial resources each parent contributes to the child’s welfare.

Enforcement and Modification

Once determined, child support orders are legally binding. Enforcement is crucial to ensure compliance, and Virginia employs several mechanisms to maintain this compliance. The Division of Child Support Enforcement (DCSE) plays a pivotal role in enforcing child support orders, utilizing tools such as income withholding from wages, seizure of tax refunds, or even suspension of licenses to ensure fulfilment of support obligations.

However, child support orders are not static and can be modified on the grounds of a material change in circumstances. This could include changes in income, employment, or alterations in custody arrangements. Either parent can petition the court for a modification, whereby the court will reassess the child support obligation in light of the new circumstances, thereby ensuring the support amount remains fair and aligned with current realities.