When parents divorce or separate, ensuring the financial stability of their children is a top priority. In Virginia, child support is determined by a specific set of statutory guidelines designed to be fair and predictable. However, when parents share physical custody—meaning the child spends a significant amount of time living with both parents—the calculation becomes more complex than in a traditional sole custody arrangement.
If you are navigating a shared custody agreement, you likely have questions about how your parenting time will impact your child support obligations or the support you receive. At Raheen Family Law, we frequently assist clients with these intricate financial matters. As experienced family law attorneys, we help parents understand the Virginia child support guidelines and ensure that the final calculations accurately reflect their unique custody arrangement.
The Foundation: Virginia Child Support Guidelines
Regardless of the custody arrangement, the foundation of any child support calculation in Virginia is the Child Support Guidelines. These guidelines are based on the “Income Shares Model,” which operates on the principle that a child should receive the same proportion of parental income that they would have received if the parents had remained living together.
The basic calculation involves three primary steps:
- Determine Gross Income: The court calculates the combined gross monthly income of both parents. This includes salaries, wages, bonuses, commissions, pensions, and most other sources of income.
- Determine the Basic Support Obligation: Using a statutory table, the court finds the basic child support obligation corresponding to the parents’ combined gross income and the number of children they share.
- Allocate the Obligation: The basic support obligation is then divided between the parents in proportion to their respective incomes. For example, if Parent A earns 60% of the combined income and Parent B earns 40%, Parent A is responsible for 60% of the basic support obligation.
In a sole custody arrangement, the non-custodial parent simply pays their percentage of the obligation to the custodial parent. However, in shared custody, the formula adjusts to account for the time and resources both parents expend while the child is in their care.
Defining “Shared Custody” for Child Support Purposes
In Virginia, “shared custody” has a very specific definition when it comes to calculating child support. It is not simply about having joint legal custody (shared decision-making).
For the shared custody child support formula to apply, a parent must have physical custody of the child for more than 90 days of the year.
A “day” is generally defined as a continuous 24-hour period. However, the court has some discretion in how it counts partial days, especially if a parent has the child for a significant portion of the day and provides meals and care.
If a parent has the child for 90 days or fewer, the standard sole custody formula applies, even if the parents technically share joint physical custody on paper.
How the Shared Custody Formula Works
If the 90-day threshold is met, the court uses the shared custody formula. This formula is designed to reflect the reality that both parents are incurring significant day-to-day expenses (housing, food, utilities) while the child is living with them.
Here is a simplified overview of how the shared custody calculation works:
- Calculate the Shared Support Need: The basic support obligation (determined from the guidelines table) is multiplied by a factor (currently 1.4) to account for the duplicated costs of maintaining two households for the child.
- Determine Each Parent’s Share: This increased shared support need is then divided between the parents based on their proportionate incomes, just as in the sole custody calculation.
- Adjust for Parenting Time: This is the crucial step. Each parent’s share of the support obligation is then multiplied by the percentage of time the child spends with the other parent. The logic is that you are financially responsible for the child during the time they are not with you.
- Calculate the Final Amount: The parent with the higher resulting obligation pays the difference between the two amounts to the other parent.
An Example of the Shared Custody Calculation
Let’s look at a hypothetical scenario:
- Parent A earns $6,000 per month (60% of the combined income).
- Parent B earns $4,000 per month (40% of the combined income).
- They have one child.
- Parent A has the child for 219 days (60% of the year).
- Parent B has the child for 146 days (40% of the year).
Because Parent B has had the child for more than 90 days, the shared custody formula applies.
- The court determines the basic support obligation based on their $10,000 combined income. Let’s say it is $1,000.
- The shared support need is calculated ($1,000 x 1.4 = $1,400).
- Parent A’s share is $840 (60% of $1,400). Parent B’s share is $560 (40% of $1,400).
- Parent A’s obligation is adjusted for the time the child is with Parent B ($840 x 40% = $336).
- Parent B’s obligation is adjusted for the time the child is with Parent A ($560 x 60% = $336).
In this specific, simplified example, because the income disparity perfectly mirrors the custody time disparity, the obligations cancel each other out, and neither parent would pay base child support to the other. However, this is rare. Usually, one parent will owe a net amount to the other.
Additional Factors: Health Insurance and Childcare
The basic child support calculation is only part of the equation. The court must also account for the costs of health insurance premiums (for the child’s portion only) and work-related childcare expenses.
In a shared custody arrangement, these costs are added to the basic support obligation and divided between the parents in proportion to their incomes, regardless of how much time the child spends with each parent.
Deviating from the Guidelines
While the Virginia Child Support Guidelines are presumed to be correct, a judge can deviate from the calculated amount if they find that applying the guidelines would be “unjust or inappropriate” in a specific case.
Factors that might justify a deviation include:
- Extraordinary medical or dental expenses for the child.
- Special educational needs.
- The cost of travel for visitation (especially if parents live far apart).
- A parent’s obligation to support other children from previous relationships.
Frequently Asked Questions About Shared Custody and Child Support
If we have 50/50 custody, does that mean neither of us pays child support?
Not necessarily. Even with a perfect 50/50 time split, if there is a significant difference in the parents’ incomes, the higher-earning parent will likely still owe child support to the lower-earning parent to ensure the child enjoys a similar standard of living in both homes.
What happens if my ex’s income changes?
If either parent experiences a significant, involuntary change in income (such as a job loss or a substantial pay cut), they can petition the court for a modification of the child support order.
Can we agree to a different child support amount than the guidelines suggest?
Parents can agree to a different amount, but the court must approve it. The judge will only approve an agreement that deviates from the guidelines if they are convinced it is in the best interests of the child and that the child’s needs will be adequately met.
Contact a Fairfax Child Support Attorney Today
Calculating child support in a shared custody arrangement is complex and requires a thorough understanding of Virginia law and financial documentation. Errors in the calculation can have long-lasting financial consequences for both you and your child. At Raheen Family Law, we are dedicated to ensuring that child support orders are fair, accurate, and truly serve the best interests of the children involved.
If you need assistance establishing, modifying, or enforcing a child support order in a shared custody situation, contact us today. Let our experienced Fairfax family law attorneys guide you through the process. Call us at 703-223-5295.