How to Calculate Child Support Payments in Virginia

Virginia has child support guidelines that parents and judges use to calculate the right amount of support in a particular case. The guidelines are based on the principle that children have a legal right to support from both of their parents.

How to Calculate Child Support Under Virginia's Guidelines

Unlike many other states, Virginia doesn't provide an official, online calculator for child support. But the state does provide Child Support Guidelines Worksheets that you can use to calculate your basic support obligation. Use the worksheet that applies to your physical custody arrangement—primary, shared, or split.

Virginia guidelines take into account many factors, including:

• both parents' gross income
• the number of children who need to be supported
• employment-related child care expenses
• the cost of health care coverage for the children, and
• the total number of days of the year each parent has custody.

Learn more about child custody and child support laws in Virginia, including what gets counted as income when calculating support.

(Va. Code §§ 20-108.1, 20-108.2 (2024)

Are Other Child Support Calculators Accurate?

Watch out for websites with so-called child support calculators for Virginia. Unfortunately, there's no guarantee that these calculators are accurate and up-to-date. Virginia updates its child support guidelines regularly, but you usually can't tell whether any of these websites have kept up with the latest changes.

It's best to stick with the official state resources (in the links above) to calculate the amount of child support you may pay or receive. Be aware, however, that this will be an estimate. As explained below, the judge may order a different amount in your case.

When Child Support May Be Different than the Guideline Calculation

Virginia law presumes that the amount of child support calculated by the guidelines is the correct amount of support. Still, it allows judges to order a different amount of support when the guideline amount would be unjust or inappropriate.

Examples of factors that might justify a deviation from the guideline amount include:

• financial support that either parent receives from other family members
• transportation costs for visitation
• imputed income to a parent who is voluntarily unemployed or underemployed
• debt that either parent has taken on during the marriage for the child's benefit
• court-ordered payments for the child's benefit (such as for life insurance or education)
• capital gains from the sale of the family home
• the child's special needs related to a physical, emotional, or mental condition
• the child's standard of living during the marriage
• the impact of child-related tax credits and dependency exemptions, and
• a written agreement between the parents that includes an amount of child support.

(Va. Code §§ 20-108.1, 20-108.2 (2024)

How to Apply for Child Support in Virginia

If you're filing for divorce in Virginia, you can request child support as part of that process. You can—and parents often do you—agree on an amount of child support as part of a divorce settlement. You'll have to submit your agreement for a judge to approve. If you agree to an amount that deviates from the guideline amount, be sure to explain your reasons for the deviation and why your agreement is in your children's best interests. If you can't agree, a judge will decide for you.

You can also apply for support through the Virginia Department of Social Services - Division of Child Support Enforcement (DCSE) on the MyChildSupport portal. You can apply online or complete a paper application for child support services. If you aren't married to your child's other parent, DCSE can help you establish paternity and then establish support.

How to Collect Child Support in Virginia

You can collect child support directly from the other parent or DCSE can process payments for you. You may also ask a judge to order income withholding from the paycheck of the parent who owes support.

If you're having trouble collecting support payments, DCSE can help enforce court-ordered child support. Depending on how much the other parent owes, the agency has several ways to collect child support, including:

• wage garnishment
• seizing money from bank accounts
• placing liens on property
• intercepting income tax refunds, workers' compensation, or unemployment benefits
• reporting the debt to credit bureaus, and
• license suspensions (including driver's, professional, and recreational).

How to Change the Amount of Child Support

Either parent has a right to request a review and adjustment of a child support order by DCSE every three years. If it's been less than three years since your most recent order, you must show that "special circumstances" justify your request. Examples of special circumstances include:

• a child needs to be added or removed from the support order
• the parent who owes support is incarcerated for at least 180 consecutive days
• either parents' income has changed by at least 25%, and
• health care or child care expenses have changed by at least 25%.

If DCSE decides that an adjustment is necessary, the agency may file a motion to change the order in court or make the adjustment without a court hearing.

You can file your own Motion to Amend or Review a child support order. You'll have to tell the judge what change you're asking for and why. Circumstances that would support a change by DCSE, such as incarceration or an increase or decrease in income, are also likely to support a change by a judge.

(Va. Code §§ 20-108, 20-108.1 (2024).)

Getting Help With Child Support

Calculating child support is complicated. The Virginia Judicial System offers self-help resources on family law topics like child custody, visitation, and support. If you're having trouble with the calculations, you can call DCSE customer service at 1-800-468-8894 or email the agency.

If you and your co-parent can't agree on child custody, support, or both, you might need a lawyer's help. An experienced lawyer can answer your questions, help you negotiate an agreement that works for you and your child, and advocate for you in court if it comes to that.