How Child Support is Calculated in Virginia

If you need to see how much child support you will pay or receive, there are resources to help you figure out the amount. Virginia uses a set formula to calculate the amount based on parents’ incomes, the number of children, and certain expenses. This article walks you through how it works.

Both parents are responsible for supporting their child. It does not matter who the child lives with, whether you were ever married, or how poor the parents may be: the child is entitled to support. 

The parent who does not live with the child pays support to the parent the child lives with. If both parents spend an equal amount of time with the child, then the parent who has a higher income or pays less in extra expenses will pay the difference to the other parent.

What goes into the calculation? 

The formula looks at information from both parents, not just the parent who will be paying. Here is what it considers:

• Both parents' incomes
• The number of children
• How much time the child spends with each parent
• Extra expenses like childcare, health insurance, and medical expenses. If you have childcare expenses, make sure you bring current receipts to court. If you pay for health insurance, bring evidence of what portion of your payment covers the child(ren).

If you are also going through a custody or visitation case, a judge may decide child support at the same time.

How can you estimate your amount? 

You can use these free tools to get an estimate before going to court or contacting DCSE:

• Online child support calculator
• Printable court worksheet to calculate child support
• Checklist of documents to bring to court

These tools give you an estimate only. The final amount will be set by DCSE or a judge.

Can a judge change the formula amount? 

Yes, but it is rare. A judge may choose an amount that is different from what the guidelines say. This is called "deviating" from the guidelines. It can happen in unusual circumstances, but most support orders follow the guidelines.

What if the paying parent has no income? 

Support can still be ordered even if the paying parent is not working. In this case, a judge may use something called "imputed income." This is an estimate of what that parent could reasonably earn.

Imputed income is based on things like past work history, current skills and training, and what jobs are available in that area.

The minimum support amount is $68 per month per child, even when the paying parent has no income.

Does paternity need to be established first? 

If only one parent is listed on the birth certificate, or if no "Acknowledgment of Paternity" form was signed at birth, paternity must be established before the other parent can be required to pay support.

DCSE can help cover the cost of paternity testing.

Learn more from DCSE about establishing paternity.

How long does support last? 

Support continues until your child turns 18. If your child is still in high school and living with the custodial parent, support continues until age 19.

Support can also continue past age 18 if your child has a disability. This applies when all three of the following are true:

• The disability began before age 18 (or 19 if the child was still in high school)
• The child cannot live independently
• The child lives with the parent who is asking for support

How does my situation affect the calculation? 

Several common situations can change how support is calculated. If any of these apply to you, the answer may affect your final amount.

If you share custody

The amount of time each parent spends with the child can affect the support amount. The formula handles shared or split custody arrangements, even if different children spend different amounts of time with each parent

However, if the parent receiving support has very low income, the court may use the sole custody formula to calculate support. They might do this no matter how much time each parent has with the child.

If you have medical costs

The formula for the child support order will consider the costs of health insurance, as well as medical expenses that are not covered by insurance. Each parent's share is based on their percentage of the total combined parent income.

If you receive public benefits

If you receive public benefits, support will likely be calculated using the sole custody formula. If you receive SNAP or TANF, contact your caseworker about your child support case. You should let them know about any court orders or actions through the Department of Child Support Enforcement (DCSE).

If the paying parent is self-employed or works cash jobs

This situation can make calculating and enforcing child support more difficult. If this applies to the other parent in your case, gather as much evidence of the other parent's earnings as you can before any hearing. 

Useful evidence includes:

• Bank deposit records
• Records of spending habits
• Payment records from services like Square 

If you are self-employed or work cash jobs, it is important to keep good records. If you don’t have records, or if you’re earning less than you reasonably could, the court might decide how much you should be earning. If the court’s amount is higher than the amount you actually make, you might end up with a larger child support obligation than you expect.

Where can I find free legal help? 

• Find your local legal aid office. Visit virginialawhelp.org/get-legal-help or call 866-534-5243.