Child support in Virginia is less mysterious than parents fear: it starts with a formula. Virginia Code Section 20-108.2 sets guideline amounts that are presumed correct, based on a handful of inputs. Understanding those inputs – and the places where judgment still enters – tells you most of what the number will be before anyone files.
The Inputs That Drive the Number
- Combined gross monthly income of both parents – wages, self-employment income, bonuses, commissions, and most other income sources, before taxes
- The custody arrangement: the standard sole-custody formula applies when one parent has the children most of the time; a different shared custody formula applies when the non-primary parent has ninety or more days per year
- Health insurance premiums paid for the children
- Work-related childcare costs
- Support paid for other children
The statute’s schedule assigns a total support obligation to the combined income, then divides it between parents in proportion to their incomes.
Where the Fights Actually Happen
The formula is mechanical; the inputs are not. Self-employment income invites disputes over what counts (depreciation? perks run through the business?). Overtime and bonuses raise averaging questions. And when a parent is voluntarily unemployed or underemployed, courts can impute income – calculating support as if the parent earned what they reasonably could. These input battles, not the arithmetic, are where lawyers earn their keep.
Can Courts Deviate From the Guideline?
Yes – the guideline is a presumption, not a straitjacket. Courts may adjust for factors like extraordinary medical needs, special education costs, travel expenses for visitation, and other statutory considerations, but must explain any deviation in writing.
Where Support Is Set Locally
Child support for Roanoke Valley families is set in the juvenile and domestic relations district courts – Roanoke City J&DR or the courts serving Salem and Roanoke County – or in circuit court as part of a divorce. Bring accurate income documentation; the quality of the inputs decides the fairness of the output.
Talk to a Child Support Lawyer in Roanoke or Salem, VA
Advocate Law, PLLC helps parents throughout Roanoke, Salem, and the surrounding valley with child support, custody, divorce, and family law matters. Call (540) 343-9800 or contact us online to schedule a consultation.