Understanding Virginia Child Support Guidelines with Fairfax Lawyers

In Virginia, both parents, regardless of whether married or not, have an obligation to support their children, with the child’s well-being and needs at the center of the child support system. Child support is calculated based on the combined income of both parents. This ensures that the children benefit from what the parents could have provided in a single household. The law assumes that the custodial parent provides for the child’s basic needs. Therefore, the noncustodial parent makes the child support payment to the custodial parent. This money is intended to cover the child’s essential expenses, such as food, clothing, and shelter.

Introduction to Child Support

Child support is a fundamental component of family law in Virginia, designed to ensure that children receive the financial support they need from both parents, regardless of the parents’ marital status. The state’s child support guidelines provide a structured formula to determine the amount of child support that should be paid in each case. These guidelines take into account the gross income of both parents, the number of children to be supported, and a variety of other factors, such as custody arrangements and extraordinary medical expenses. The goal is to ensure that the child’s basic needs are met and that the financial responsibility is shared fairly between both parents. Understanding how child support obligations are determined under Virginia law is crucial for any parent involved in a child support case, as it directly impacts the well-being of their children and their own financial situation. By following the established guidelines, the court aims to create a fair and consistent approach to child support, helping families navigate these important matters with clarity and confidence.

Virginia Child Support Guidelines

Virginia Code § 20-108.2 sets out the guidelines used in all child support cases in Virginia. These guidelines are the rules governing support in Virginia. Virginia child support guidelines is a formula used to calculate the amount of child support, with a parent’s income being a primary consideration in determining support obligations. Some of the criterions under Virginia child support guidelines include each parents’ gross income (see below section titled “What is Considered Income” for details on what is defined as gross income), the cost of medical insurance for the kids, childcare costs while the parent is at work, and the number of children for whom child support is being calculated. Many factors beyond just income and number of children can influence the final support amount. If the parties have “other children” (such as by prior marriage), the guidelines give a credit to that parent in the amount of court ordered support paid for the “other children”, or if there is no court order, then in the amount provided under the guidelines. There are three different calculations under the guidelines, one for each type of custodial arrangement: Sole, shared, and split custody.

Sole Custody Guidelines

Sole custody guidelines apply when one parent has primary physical custody. Sole custody guidelines do not necessarily mean that the parent has sole physical custody. Sole custody guidelines apply even if the parties may be sharing joint legal custody, primary physical custody to one parent and visitation with the other parent.

Shared Custody Guidelines

Shared custody guidelines are used when one parent has custody or visitation of a child or children for more than 90 days of the year. Generally, the closer the parties are to a 50/50 custodial arrangement, the lower the child support obligation.

Split Custody Guidelines

Split custody guidelines apply where the parties have at least two or more children and each parent has primary physical custody of at least one child.

What is Considered Income

Child support is calculated based on each parent’s “gross” income (before taxes) and not net income (after taxes). Understanding what counts as income is crucial for managing family finances during child support proceedings. Income is defined broadly. It is more than what a parent may earn from a paycheck. Virginia defines income as including but not limited to “income from salaries, wages, commissions, royalties, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits… workers’ compensation benefits, unemployment insurance benefits, disability insurance benefits, veterans’ benefits, spousal support, rental income, gifts, prizes or awards.” Legal professionals can explain the complexities of these income definitions to parents involved in support cases. It is important to regularly review a parent’s income to ensure that support calculations accurately reflect any changes in their financial situation. Public assistance, federal supplemental security income, and child support received to support another child are not considered as income for purposes of child support calculations.

Deviating from the Virginia Child Support Guidelines

Virginia Code § 20-108.2 establishes a “rebuttable presumption”, meaning that the child support amount under the guidelines is presumed to be the correct amount of child support to be awarded. However, in rare cases the court may deviate from the guideline child support amount and order an amount different than the guideline amount, which may be higher or lower than the guideline amount. When deciding whether to deviate, the court’s primary consideration is the best interests of the child, ensuring that any deviation serves the children’s overall welfare. The court looks at various factors outlined under the Virginia Code § 20-108.1 to determine whether an amount different from the guidelines should be awarded, and sufficient legal grounds must be established by the party requesting the deviation. In order to rebut the presumption, the court is required to make written findings in the order that the application of the guidelines would be unjust or inappropriate. If a judge deviates from the guidelines, he or she must state in writing the amount of support that would have been required under the guidelines and must give a justification of why the order varies from the guidelines.

Imputation of Income for Child Support

Sometimes a parent may voluntarily quit their job and take on a lesser paying job. Under these circumstances if the court finds that the parent is “voluntarily underemployed”, the court may calculate the amount of child support based on the parent’s prior high paying job. Similarly, if a parent voluntarily quits their job or is fired due to misconduct, the court may find such parent to be “voluntarily unemployed”, and the court may calculate child support based on the income from that job. The court may also look at the parent’s work history, prior earnings, education level, and the availability of jobs in the region to determine whether income should be imputed on a parent and if so, how much.

When Child Support Begins

The parties’ agreement, if there is one, can outline when child support payments will begin. However, if there is no such agreement, under Virginia law the amount of child support ordered by the court can be made retroactive to the date the petition for child support is filed. Therefore, if a petition for child support is filed and the amount of child support is determined by the court months down the line, the payor spouse will owe child support arrears dating back to when the petition for child support was filed.

Modification of Child Support

Child support is modifiable if there has been a material change in circumstances, such as changes in the parties’ incomes, changes in the cost or status of childcare, if a parent has another child who is born after the child support order was entered, a change in the custodial arrangement, etc. It is important to regularly review child support orders to determine if modification is necessary, especially after a divorce or significant life event. Parties may need to deal with changes in circumstances, such as income or custody, that affect support obligations. If a parent is paying child support for several children and the obligation to pay child support for one of the children ends under the Virginia Code, the payor parent must file for modification of child support so the amount of child support can be recalculated for the remaining minor children. The child support amount does not automatically change or go down once the child ages out under the Virginia Code.

Termination of Child Support

Under Virginia law, the child support obligation terminates when a child reaches 18 years of age. But child support will continue for a child over the age of 18 who is a full-time high school student, not self-supporting, and living in the home of the parent seeking or receiving child support. Under these circumstances, child support will continue until the child reaches the age of 19 or graduates from high school, whichever occurs first.

The court may also order that child support be paid or continue for any child over the age of 18 who meets the following requirements: (1) the child is severely and permanently mentally or physically disabled, and such disability existed prior to the child reaching the age of 18 (or the age of 19, as per the above paragraph); (2) the child is unable to live independently and support himself, and (3) the child resides in the home of the parent seeking or receiving child support. In these cases, the court may extend child support obligations beyond the usual age requirement to address ongoing needs or disabilities.

Enforcement of Child Support Order

If a parent is delinquent in paying child support ordered by a court, the other parent can seek enforcement of the order through the court or through the Department of Child Support Enforcement.

If you are facing a child support issue, be sure to consult with a family law attorney who can guide you through the process. Our experienced attorneys are committed to helping clients achieve fair outcomes in child support cases. At Raheen Family Law, our attorneys work closely with clients to discuss their specific legal needs and options, and we are dedicated to protecting our clients’ rights and interests throughout the enforcement process. Contact us today to schedule a consultation.

Resolving Child Support Disputes

Child support disputes can arise for many reasons, whether between married, separated, or unmarried parents. Navigating these disputes requires a clear understanding of Virginia’s child support guidelines and the ability to address the unique circumstances of each family. When disagreements occur over the amount of child support, custody arrangements, or how to handle extraordinary medical expenses, seeking the assistance of a Fairfax child support lawyer can be invaluable. An experienced lawyer can provide legal advice tailored to your situation, help with accurate child support calculations, and ensure that both parents contribute their fair share to the child’s financial support. By considering all relevant factors—such as each parent’s income, the needs of the children, and any special circumstances—a lawyer can help parents reach a fair agreement or, if necessary, represent them in court to establish or modify child support orders. This approach not only protects the interests of the children but also helps parents resolve disputes efficiently and in accordance with Virginia law.

Consulting with a Fairfax Child Support Lawyer

When facing child support matters in Northern Virginia, consulting with a Fairfax child support lawyer is often the first step toward ensuring your rights and your child’s interests are protected. A knowledgeable lawyer can guide you through the complexities of child support guidelines, assist with child support calculations, and help you understand how factors like custody arrangements and material changes in circumstances may affect your child support obligation. Whether you are seeking to pay child support or receive financial support for your child, a lawyer can provide the legal advice you need to navigate the process, from establishing or modifying child support orders to enforcing existing agreements. By working with a dedicated attorney, you can be confident that your case will be handled with care, and that your child’s needs will remain the top priority throughout every stage of your child support case. Call us today to get the help you deserve.