Judges calculate Child Support in Virginia by using the Virginia Child Support Guidelines located in the Virginia Code at Section 20-108.2. The Guidelines use the total gross incomes of the parents from all sources to make the calculation.
What does income for Child Support include?
For those in the military, this includes all pay and allowances, whether taxable or not. If one parent receives spousal support (also known in some states as alimony) from the other parent, it’s included as income to the receiving-parent. The amount is subtracted from the income of the parent paying the spousal support. The calculation factors in the costs of medical and dental insurance coverage for the children, as well as work-related child care.
Child Support also depends on the parenting arrangement. There are Sole Custody, Split Custody and Shared Custody calculations. The court has the authority to stray from the Guidelines only in rare situations. The parents can also agree on a different amount.
There are Virginia Child Support Calculators available online. Make sure the calculator you are using is up to date because the guidelines changed in 2016.
The parent can pay the other parent directly or can pay through the Division of Child Support Enforcement (DCSE). Either parent can request payment through DCSE.
What Happens if the Parent Doesn’t Pay Child Support?
If a parent fails to pay under a child support order, the court will impose consequences. A parent cannot avoid paying support forever. Eventually the court will suspend their license, garnish their wages, and/or even sentence them to time in jail. Child Support is a big deal and you should not go to court without an attorney!
If you have questions or concerns about child support in Virginia, please give us a call at (757) 533-5400 to schedule an appointment in-person or a telephone consultation.