Virginia Family Law Guide
Complete guide to Virginia child support, spousal support, and custody laws
Updated 2024Virginia CodeChild SupportSpousal Support
Legal Disclaimer
This guide provides general information about Virginia family law and should not be considered legal advice. Laws can change, and individual circumstances vary. Always consult with a qualified Virginia family law attorney for advice specific to your situation.
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Virginia Child Support Guidelines
Child Support Calculation Method
Virginia uses an income shares model based on both parents' gross income
Basic Calculation Steps:
- Calculate both parents' gross monthly income
- Determine combined gross income
- Find basic support obligation from guideline table
- Allocate obligation based on income proportion
- Adjust for custody arrangements and additional expenses
Key Virginia Code References
• Virginia Code § 20-108.1 - Child support guidelines
• Virginia Code § 20-108.2 - Medical support
• Court forms: DC-637 (sole custody) and DC-640 (shared custody)
• Virginia Code § 20-108.2 - Medical support
• Court forms: DC-637 (sole custody) and DC-640 (shared custody)
Important Factors in Virginia Child Support
Income Considerations:
- All sources of gross income included
- Self-employment income carefully scrutinized
- Imputed income for voluntary underemployment
- Existing child support obligations deducted
Custody Considerations:
- 90+ days with non-custodial parent triggers shared custody calculation
- 1.5x multiplier applied for shared custody situations
- Different worksheets for different custody arrangements
Child Support Modification
Grounds for Modification:
- • Material change in circumstances
- • Change in income of 25% or more
- • Change in custody arrangement
- • Three years since last review
Important Timing
Modifications are typically not retroactive beyond the date of filing the petition. File promptly when circumstances change.
Virginia Spousal Support (Alimony)
Types of Spousal Support in Virginia
Virginia recognizes different types of spousal support with different rules and calculations
Temporary (Pendente Lite) Support
- • During divorce proceedings
- • Formula-based (if income ≤ $10,000/month)
- • Quick calculation available
- • Governed by Va. Code § 16.1-278.17:1
Final (Permanent) Support
- • Post-divorce ongoing support
- • No formula - court discretion
- • Based on 12 statutory factors
- • Governed by Va. Code § 20-107.1
Pendente Lite Support Formula
Virginia provides specific formulas for temporary support during divorce proceedings
Income Cap Limitation
The pendente lite formula only applies when the combined gross monthly income of both spouses is $10,000 or less. Above this threshold, courts use discretionary factors.
With Minor Children:
Support = (0.26 × Payor's Income) - (0.58 × Payee's Income)
Without Minor Children:
Support = (0.27 × Payor's Income) - (0.50 × Payee's Income)
Final Spousal Support Factors
Virginia Code § 20-107.1(E) lists 12 factors courts must consider
Financial Factors:
- 1. Obligations, needs, and financial resources
- 2. Standard of living during marriage
- 3. Duration of the marriage
- 4. Age and physical/mental condition
- 5. Property interests (marital and separate)
- 6. Tax consequences
Personal Factors:
- 7. Monetary and non-monetary contributions
- 8. Earning capacity and employment opportunities
- 9. Employment/career decisions during marriage
- 10. Contributions to spouse's education/career
- 11. Circumstances of marriage dissolution
- 12. Other relevant factors
Spousal Support Termination
Automatic Termination:
- Death of either party
- Remarriage of support recipient
Court Discretion:
- Cohabitation (requires petition and proof)
- Material change in circumstances
Cohabitation Standard
To terminate support for cohabitation, the payor must prove by "clear and convincing evidence" that the recipient has been "habitually cohabiting with another person in a relationship analogous to a marriage for one year or more."
Related Virginia Resources
Additional tools and information for Virginia family law matters
Last updated: January 2024 | Based on current Virginia law and regulations
This guide is for informational purposes only and does not constitute legal advice.