Understanding Child Support Guidelines in Virginia

Ideally, separating parents of a minor child will reach an agreement as to the amount of child support to be paid by the non-custodial parent. If they are unable to agree on their own, the custodial parent may petition the Court to determine the amount under Virginia’s Child Support Guidelines. These guidelines are a mathematical formula established under the Virginia Code that take into account: 

• each parent’s income;
• whether either parent supports other children from prior marriages;
• day care expenses and health care costs.

Note that income refers to salaries, wages, commissions, bonuses, dividends, severance pay, and pensions. Additionally, unemployed parents may also have a calculated income, such as from Social Security, workers’ compensation, disability, and unemployment benefits. Spousal support and lottery winnings also count as income for the purposes of calculating child support.

In some cases, based on extraordinary circumstances, the judge may “deviate” from the guidelines and order an amount of child support different from that established under the guidelines.

When to Seek Child Support Modification in Virginia

The amount of child support ordered by the Judge may be increased or decreased based on a “material change of circumstances.” If circumstances—such as either parent’s income—change, the parent seeking to petition for modification should first check with an attorney to determine whether the court may increase or decrease the amount. Be aware that it is possible for the amount to change in a way that is contrary to your interests (e.g., if you seek a lower amount, it is possible the court may find grounds to increase the amount).