TheDivorceCalc.com

Virginia Child Support Policy 2025: Complete Guidelines & Calculator Guide

Comprehensive guide to Virginia child support in 2025 based on VA Code § 20-108.2. Understand the income shares model, shared custody adjustments, split custody rules, calculation methods, and official resources.

14 min read

1. Virginia Child Support Overview

Virginia's child support system follows the Income Shares Model, which ensures that children receive the same proportion of parental income that they would have received if the parents lived together. Virginia's guidelines are codified in VA Code § 20-108.2.

Key 2025 Updates

  • ✓ Income Shares Model aligned with economic research
  • ✓ Shared custody threshold at 90 days or more per year
  • ✓ Split custody provisions for multiple children
  • ✓ Updated support schedule reflecting 2024-2025 economic data
  • ✓ Healthcare and childcare cost integration
  • ✓ Clarified imputed income rules for voluntary underemployment

Legal Foundation

Virginia child support is governed by:

  • VA Code § 20-108.2: Guideline for determination of child support
  • VA Code § 20-108.1: Definitions and general provisions
  • VA Code § 63.2-1900: Child support enforcement
  • Virginia Child Support Guidelines Schedule: Monthly support amounts table

Core Principles

  • Income Shares Model: Combined parental income determines total support obligation
  • Proportional Allocation: Each parent pays based on their income share
  • Gross Income Calculation: Includes all income sources with limited deductions
  • Shared Custody Adjustments: Reduced obligation when parent has ≥90 days custody/year
  • Split Custody Rules: Special calculations when children split between parents
  • Healthcare & Childcare: Additional expenses allocated proportionally

2. Quick Reference Data

Parameter2025 Value
Model TypeIncome Shares
Shared Custody Threshold≥ 90 days per year (approximately 25%)
Maximum Combined Income$35,000/month (guideline schedule cap)
High-Income AdjustmentCourt discretion for combined income > $35,000/month
Low-Income MinimumNo statutory minimum (court discretion based on circumstances)
Healthcare Premium AllocationProportional to income share
Work-Related ChildcareProportional to income share
Deviation CriteriaCourt may deviate for special circumstances (documented)

Note: Virginia's shared custody threshold of 90 days/year is lower than many states, meaning custody adjustments can apply with approximately 25% custody time, compared to 35-40% in other states.

3. Calculation Framework

Virginia's calculation process follows these systematic steps:

Step 1: Determine Gross Income

Gross income includes all income from all sources, including:

  • Wages, salaries, bonuses, commissions, tips
  • Self-employment income (gross receipts minus ordinary business expenses)
  • Investment income, dividends, rental income
  • Pensions, retirement benefits, annuities
  • Workers' compensation, unemployment benefits
  • Social Security benefits (including disability)
  • Military pay and allowances (including BAH, BAS)
  • Spousal support received
Virginia-Specific: Military allowances like BAH (Basic Allowance for Housing) and BAS (Basic Allowance for Subsistence) are included as gross income.

Step 2: Calculate Monthly Gross Income

Allowable deductions from gross income (limited):

  • Spousal support paid to another party (court-ordered)
  • Support paid for other children (court-ordered)

Note: Virginia uses gross income, not net income. Tax deductions, retirement contributions, and most other expenses are NOT deducted.

Monthly Gross Income = Annual Income ÷ 12

Step 3: Combine Monthly Gross Incomes

Add both parents' monthly gross incomes:

Combined Monthly Gross Income = Parent A + Parent B

Step 4: Determine Basic Support Obligation

Use the Virginia Child Support Guidelines Schedule to find the basic monthly support obligation based on:

  • Combined monthly gross income (up to $35,000)
  • Number of children

For combined incomes above $35,000/month, the court determines support based on the needs of the child and the parties' circumstances.

Step 5: Add Additional Expenses

Add to the basic obligation:

  • Healthcare costs: Health insurance premiums for the child
  • Unreimbursed medical: Dental, vision, prescription costs not covered by insurance
  • Work-related childcare: Daycare, after-school care necessary for employment
Total Support = Basic Obligation + Healthcare + Childcare

Step 6: Apportion Support by Income Share

Each parent's share is proportional to their gross income:

Parent A Share % = (Parent A Gross ÷ Combined Gross) × 100%
Parent B Share % = (Parent B Gross ÷ Combined Gross) × 100%
Parent A Obligation = Total Support × Parent A Share %
Parent B Obligation = Total Support × Parent B Share %

Step 7: Adjust for Shared Custody (if applicable)

If a parent has the child for 90 or more days per year:

  • Calculate the non-custodial parent's share of custody days as a percentage
  • Multiply the obligor's support obligation by (1 − custody percentage)
  • This reduces the obligation proportionally to time spent with child

Step 8: Determine Final Payment

The non-custodial parent (or lower-custody parent in shared custody) pays their calculated obligation to the custodial parent.

4. Shared Custody Adjustments

Virginia recognizes shared custody when a parent has the child for 90 or more days per year (approximately 25% of the year).

Shared Custody Threshold

90 days per year = approximately 25% custody time

This is lower than many states (typically 35-40%), making shared custody adjustments more accessible.

How Shared Custody Adjustment Works

Step 1: Calculate Basic Obligation

First, calculate the support obligation as if there were sole custody (using steps 1-6 above).

Step 2: Determine Custody Percentage

Calculate the non-custodial parent's custody time as a percentage:

Custody % = (Days with Non-Custodial Parent ÷ 365) × 100%

Step 3: Apply Reduction Formula

Reduce the support obligation proportionally:

Adjusted Support = Basic Obligation × (1 − Custody %)
Example: If custody % is 30%, multiplier is (1 - 0.30) = 0.70

Key Points

  • Days include overnights, not just daytime visits
  • The adjustment recognizes that the non-custodial parent incurs direct expenses during custody time
  • Healthcare and childcare costs are still allocated proportionally by income
  • Court may deviate from guidelines if adjustment creates unreasonable hardship

Pro Tip: Maintain a detailed custody log. Virginia's lower threshold (90 days vs. 146 in other states) means more parents qualify for adjustments.

5. Split Custody Rules

Split custody occurs when there are multiple children and each parent has primary custody of at least one child. Virginia has specific rules for these situations.

Split Custody Definition

When parents have two or more children, and each parent has primary physical custody of at least one child.

Split Custody Calculation Method

Step 1: Calculate for Each Child Separately

For each child, calculate support as if they were the only child:

  • Use combined gross income of both parents
  • Find basic obligation for 1 child from schedule
  • Add healthcare/childcare for that child
  • Apportion by income share

Step 2: Determine Each Parent's Obligation

Calculate what each parent would owe for the child(ren) living with the other parent:

  • Parent A's obligation for children with Parent B
  • Parent B's obligation for children with Parent A

Step 3: Offset the Obligations

The parent with the higher obligation pays the difference:

Net Payment = |Parent A Total Obligation − Parent B Total Obligation|

Example Scenario

Family Setup: Parent A has primary custody of Child 1. Parent B has primary custody of Child 2.

  • Parent A owes support for Child 2 (with Parent B)
  • Parent B owes support for Child 1 (with Parent A)
  • The parent owing more pays the net difference

Important: Split custody is different from shared custody. Split custody involves different children living primarily with different parents, while shared custody involves the same child(ren) spending significant time with both parents.

6. Calculation Examples

Example 1: Standard Sole Custody Case

Scenario:

  • Parent A (obligor) monthly gross income: $5,000
  • Parent B (custodial) monthly gross income: $3,000
  • Number of children: 1
  • Custody: Parent B has primary custody (Parent A has <90 days/year)
  • Healthcare premium: $150/month
  • Childcare costs: $500/month

Step-by-Step Calculation:

1. Combined Monthly Gross Income:

$5,000 + $3,000 = $8,000

2. Basic Support Obligation (from VA schedule):

For $8,000 combined income, 1 child: $1,161/month

3. Total Support (Basic + Healthcare + Childcare):

$1,161 + $150 + $500 = $1,811

4. Parent A's Income Share:

($5,000 ÷ $8,000) × 100% = 62.5%

5. Parent A's Support Obligation:

$1,811 × 62.5% = $1,132

✓ Monthly Support Payment: $1,132

Parent A pays $1,132/month to Parent B

Example 2: Shared Custody Case

Scenario:

  • Parent A monthly gross income: $6,000
  • Parent B monthly gross income: $4,000
  • Number of children: 2
  • Custody: Parent A has 110 days/year (30.1%), Parent B has 255 days/year (69.9%)
  • Healthcare premium: $250/month

Step-by-Step Calculation:

1. Determine Shared Custody Applies:

Parent A: 110 days ≥ 90 → Yes, shared custody adjustment applies

2. Combined Monthly Gross Income:

$6,000 + $4,000 = $10,000

3. Basic Support Obligation (from VA schedule):

For $10,000 combined income, 2 children: $1,843/month

4. Total Support (Basic + Healthcare):

$1,843 + $250 = $2,093

5. Parent A's Income Share & Base Obligation:

Share: ($6,000 ÷ $10,000) = 60%

Base obligation: $2,093 × 60% = $1,256

6. Apply Shared Custody Adjustment:

Custody %: 110 days ÷ 365 = 30.1%

Adjustment multiplier: (1 − 0.301) = 0.699

Adjusted support: $1,256 × 0.699 = $878

✓ Monthly Support Payment: $878

Parent A pays $878/month to Parent B (reduced from $1,256 due to shared custody)

Key Insight: The shared custody adjustment reduced Parent A's obligation by approximately 30%, reflecting the 30% custody time and associated direct expenses.

Example 3: Split Custody Case

Scenario:

  • Parent A monthly gross income: $5,500
  • Parent B monthly gross income: $4,500
  • Number of children: 2 (Child 1 with Parent A, Child 2 with Parent B)
  • Healthcare for Child 1: $100/month
  • Healthcare for Child 2: $100/month

Step-by-Step Calculation:

1. Combined Monthly Gross Income:

$5,500 + $4,500 = $10,000

2. Calculate Parent A's Obligation for Child 2 (with Parent B):

Basic for 1 child at $10,000: $1,161

Plus healthcare: $1,161 + $100 = $1,261

Parent A share: 55%

Parent A owes: $1,261 × 55% = $694

3. Calculate Parent B's Obligation for Child 1 (with Parent A):

Basic for 1 child at $10,000: $1,161

Plus healthcare: $1,161 + $100 = $1,261

Parent B share: 45%

Parent B owes: $1,261 × 45% = $567

4. Offset Obligations:

$694 (A owes) − $567 (B owes) = $127

✓ Monthly Support Payment: $127

Parent A pays $127/month to Parent B (net after offset)

Note: In split custody, each parent has obligations for children living with the other parent. The net payment is the difference, recognizing that both parents are supporting children.

7. Frequently Asked Questions

Q1: How often are Virginia child support guidelines updated?

Virginia reviews child support guidelines every four years as required by federal law. The most recent major update was in 2022, with the next review expected in 2026.

Q2: Can I modify child support if my circumstances change?

Yes. Either parent can petition for modification if there is a material change in circumstances, such as:

  • Significant income change (increase or decrease of 25% or more)
  • Change in custody arrangement
  • Change in healthcare or childcare costs
  • Child's emancipation or becoming self-supporting

Q3: Are military allowances (BAH, BAS) included in income?

Yes. Virginia explicitly includes military allowances like Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) as gross income for child support calculations.

Q4: What if a parent is voluntarily unemployed or underemployed?

Virginia courts may impute income to a parent who is voluntarily unemployed or underemployed. The court considers:

  • Parent's work history and qualifications
  • Educational background and job skills
  • Prevailing job opportunities and earnings in the area
  • Whether unemployment is for legitimate reasons (disability, caring for young child, etc.)

Q5: Can child support orders be modified retroactively?

Generally, no. Modifications are effective from the date the petition is filed, not retroactively. However, there are exceptions:

  • If there was fraud or concealment of income
  • Arrears that accumulated before the petition can still be collected

Important: File your modification petition immediately when circumstances change.

Q6: What happens if I don't pay child support?

Failure to pay court-ordered child support in Virginia can result in:

  • Income withholding (wage garnishment)
  • Interception of tax refunds and lottery winnings
  • Suspension of driver's license and professional licenses
  • Credit bureau reporting
  • Liens on property
  • Contempt of court (fines and possible jail time)
  • Passport denial for arrears over $2,500

Q7: How is self-employment income calculated?

For self-employed parents:

Self-Employment Income = Gross Receipts − Ordinary Business Expenses
  • Only legitimate, ordinary, and necessary business expenses are deductible
  • Personal expenses are NOT deductible
  • Depreciation and paper losses may be added back
  • Courts scrutinize self-employment income to prevent manipulation

Q8: When does child support end in Virginia?

Child support typically ends when the child:

  • Turns 18 years old AND graduates from high school (or turns 19, whichever comes first)
  • Gets married
  • Joins the military
  • Is emancipated by court order
  • Becomes self-supporting

Note: Support may continue beyond age 18/19 if the child is severely disabled and incapable of self-support.

8. Official Resources

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Virginia child support laws are complex and fact-specific. For personalized guidance, consult a qualified family law attorney in Virginia.

Need Help with Child Support Calculations?

TheDivorceCalc provides comprehensive tools to help you navigate complex child support calculations based on Virginia's guidelines. Our platform simplifies the process and ensures accurate results.

Try VA Child Support Calculator

Related Resources