Commonwealth of Virginia
Income Shares Model with Critical 90-Day Custody Threshold
Virginia uses the Income Shares model for child support with a critical 90-day threshold that fundamentally changes calculation methodology. Our calculators implement the complete statutory framework with precision.
Critical 90-Day Custody Threshold
Virginia's unique feature: When both parents have 90+ overnights per year, the calculation method completely changes from simple pro-rata to complex shared custody formula.
Sole Custody (<90 Days)
- • Simple pro-rata allocation
- • Standard Income Shares calculation
- • NCP pays percentage share
Shared Custody (90+ Days Each)
- • Basic obligation × 1.5 multiplier
- • Cross-credit formula
- • Dual household recognition
Income Shares model recognizes that children should share in both parents' income as if family remained together
90-day threshold creates dramatic calculation change - recognizes true dual household arrangements
Temporary spousal support formula only applies under $10,000 combined monthly income
Virginia Calculator Tools
Understanding Virginia's Income Shares Model
Evidence-Based Approach
Based on economic studies of actual child-rearing costs across income levels
- Reflects real spending patterns on children
- Accounts for economies and diseconomies of scale
- Considers both parents as financial resources
Calculation Steps
- Calculate each parent's Adjusted Gross Income
- Combine incomes and look up basic obligation
- Add health insurance and childcare costs
- Apply custody-specific allocation method
- Adjust for direct payments and credits
0-89 Days: Sole Custody Method
Simple pro-rata allocation - NCP pays their income percentage of total obligation
90+ Days Each: Shared Custody Method
Complex cross-credit system with 1.5x multiplier recognizing dual households
⚖️ Why 90 Days Matters
90 days = 24.7% of the year. Virginia recognizes this as sufficient time to constitute a true second household with duplicate expenses for the child.
Virginia's Dual Spousal Support Framework
$10,000 Income Cap
Formula only applies when combined monthly gross income ≤ $10,000
With minor children:
(0.26 × Payor) - (0.58 × Payee)No minor children:
(0.27 × Payor) - (0.50 × Payee)Above $10,000
No formula applies - court has full discretion based on statutory factors
12 Statutory Factors
• Financial resources and needs
• Standard of living during marriage
• Marriage duration and ages
• Health and earning capacity
• Contributions to family welfare
• Property interests and education
• Tax consequences and fault factors
No Formula
Final support is entirely discretionary - courts balance all factors to reach equitable result
Real Virginia Calculation Examples
Shared Custody Calculation:
• Parent A: $4,000 (67%), 95 days (26%)
• Parent B: $2,000 (33%), 270 days (74%)
• Basic obligation: $934
• Shared obligation (1.5x): $1,401
• A's share: $1,401 × 67% = $939
• B's share: $1,401 × 33% = $462
• A owes: $939 × 74% = $695
• B owes: $462 × 26% = $120
• Net: A pays $575/month to B
Key insight: The 1.5x multiplier recognizes that the child maintains belongings and space in both homes.
Pendente Lite Formula:
• Higher earner (Payor): $5,500/month
• Lower earner (Payee): $2,500/month
• Combined income: $8,000 (under $10,000 cap)
• Formula with children:
• (0.26 × $5,500) - (0.58 × $2,500)
• $1,430 - $1,450 = -$20
• Result: $0 spousal support
Note: When formula results in negative number, support is $0. This reflects legislative intent that children's needs take priority.
Virginia Family Law Guide & Resources
- • 90-day custody threshold
- • Shared custody calculations
- • Pendente lite support
- • Income Shares model
- • Virginia Code § 20-107.1
- • Child support guidelines
- • Court forms and procedures
- • Spousal support statutes
- • Income Shares specialists
- • Local attorney directories
- • Consultation guidance
- • Legal aid resources
Virginia Family Court System
Fairfax: 19th Judicial Circuit
Virginia Beach: 2nd Judicial Circuit
Norfolk: 4th Judicial Circuit
Richmond: 13th Judicial Circuit
Alexandria: 18th Judicial Circuit
VA Courts: Official self-help center
Legal Aid: Income-qualified assistance
Law Libraries: Research assistance
Mediation: Alternative dispute resolution
DC-637: Sole Custody Worksheet
DC-640: Shared Custody Worksheet
DC-638: Split Custody Worksheet
CC-1416: Divorce Complaint
CC-1425: Financial Statement