by VA Family Law Firm

Blog, Child SupportAugust 7, 20200 comments

Child Support Calculator in Virginia

When you go through a divorce in Virginia and there are minor children involved, the parties will need to agree on the issue of child support, or a judge will do it for them.

In Virginia, child support is determined based on a set of guidelines. You can see an example here. Let’s discuss how the guidelines are used to calculate child support.

Virginia Child Support Laws

Child support is handled differently by each state but you can read Virginia’s guidelines in Virginia Code 20-108.2. The way child support is calculated in Virginia is with the use of a sophisticated mathematical formula. The formula varies based on child custody, and different guidelines are used for sole custody, split custody, and shared custody arrangements.

Child Support Calculator in Virginia

In Virginia, child support guidelines are based on the total income of the two parents. First, the gross income of each parent is added together for a family income. A parent’s gross income may be adjusted for things like child support for other children, alimony/spousal support, and certain government benefits.

Next, a state table outlines how much parents should put aside for child support obligations based on their income level. If the family income is $35,000 or more per month, it falls outside the table and child support will be based on a percentage of income. This is 2.6% for one child up to 5% for six children. The cost of health insurance and work-related childcare expenses are added to the support obligation.

The final obligation for child support is then apportioned between the two parents based on their respective incomes. For example, if one parent makes 70% of the total family income, that parent would pay 70% of child support expenses. The non-custodial parent will make a payment each month to the custodial parent and will also be responsible for paying a portion of unreimbursed medical and dental costs.

Appealing a Child Support Ruling

The child support amount calculated by applying the child support guidelines is presumed to be the correct amount of child support to be awarded. However, the courts do recognize that each situation is unique. Therefore, the judge has the power to increase or decrease a child support award if they feel it is justified, which is called a deviation.

When the presumptive child support amount is calculated, a parent has the right to ask the judge to lower or raise the amount based on certain factors. These include child support obligations to other children, special needs or expenses required by the child, or other legally allowed deviation factors. Also, it is possible to ask the court for a modification of a child support order if you or the other parent have a change in your financial situation.

Consult a Virginia Child Support Attorney

Divorce is a difficult process and child support can be one of the most complicated aspects. Sometimes the basic formula isn’t fair to your situation. That’s why it is important to consult with a child support attorney.

Having an experienced legal advocate will make all the difference when it comes to your case. Contact GDLWR today to schedule a consultation!