FAMILY LAW – CHILD SUPPORT
Virginia uses Child Support Guidelines, outlined in Virginia Code § 20-108.2, to determine the amount of child support, though the court has discretion to deviate from these guidelines in certain situations if it’s in the best interest of the child. Here are the key factors that Virginia courts consider when determining child support:
1. Income of Both Parents
The combined gross income of both parents is the primary factor in determining child support. This includes:
- Salaries and wages (including bonuses, commissions, and overtime pay).
- Self-employment income (if one or both parents are self-employed).
- Rental income, dividends, royalties, and any other form of income.
- Social Security benefits or other forms of public assistance.
- Other sources of income, such as trusts, alimony, or any financial benefit one parent might receive regularly.
If a parent has the ability to earn income but is voluntarily underemployed or unemployed, the court may impute income to that parent based on their earning potential or previous income.
2. Custody and Visitation Arrangements
The child support amount can be influenced by the custody and visitation arrangement between the parents:
- Primary physical custody: If one parent has primary physical custody (meaning the child spends more than 50% of the time with that parent), that parent typically receives child support.
- Joint custody: If the child spends roughly equal time with both parents, the support amount is calculated based on each parent’s income, and a more complex calculation may occur.
- Shared custody: If the child spends at least 90 days per year with each parent, the child support guidelines take this into account. A shared custody arrangement may lead to a reduced amount of support compared to sole custody.
3. Number of Children
The number of children requiring support affects the child support calculation. The more children involved, the higher the amount of support typically required.
4. Health Insurance and Medical Expenses
- Health insurance premiums: If one parent provides health insurance coverage for the child, the cost of premiums may be factored into the child support calculation.
- Unreimbursed medical expenses: Costs for things like medical co-pays, prescriptions, dental expenses, and other out-of-pocket medical costs may be divided between the parents, and this can affect the child support order.
5. Childcare Expenses
If either parent incurs significant costs for childcare (e.g., daycare, after-school programs) in order to work or attend school, these expenses can be included in the child support calculation. Typically, both parents are required to contribute to the cost of childcare based on their respective incomes.
6. Standard of Living
While Virginia doesn’t directly factor in a parent’s lifestyle choices, there is an underlying goal to ensure that the child maintains a similar standard of living to what they would have experienced if the parents were still together. The support amount aims to provide the child with adequate financial support to maintain a reasonable quality of life.
7. Extraordinary Expenses
The court may also consider extraordinary or special needs of the child, such as:
- Special education or tutoring costs.
- Medical or psychological needs not covered by insurance.
- Any other unusual or significant expenses related to the child’s needs.
8. Imputed Income
If a parent is not earning an income or is underemployed, the court may impute income (assume a certain level of income) based on the parent’s previous earnings, education, skills, work history, or earning potential. This is done to ensure that the parent cannot avoid paying support simply by not working or intentionally under-earning.
9. Other Financial Obligations
If a parent has other financial obligations (such as child support payments from a previous relationship), this may affect their ability to pay support for the current child. However, the court will still base the child support amount on what is reasonable and necessary for the child’s needs.
10. Deviations from the Guidelines
The Virginia Child Support Guidelines are a starting point for calculating support, but the court may deviate from these guidelines in certain situations if the standard calculation would be unjust or inappropriate. Some common reasons for deviation include:
- Extraordinary visitation or shared custody arrangements: If the child spends a significant amount of time with both parents, the court may reduce the support amount accordingly.
- The parent’s extraordinary income: In cases where one parent has a significantly high income, the court might adjust the amount to ensure that the child’s needs are adequately met, especially if one parent is receiving more financial support than the basic guidelines would suggest.
- The child’s age or circumstances: If a child is older, has special needs, or requires additional support, the court may modify the child support amount.
- Other unique financial considerations: The court can adjust support amounts based on factors like the financial situation of the parents, the child’s needs, or the parents’ ability to provide for the child.
11. Temporary Support Orders
In some cases, if the parents have not reached an agreement on child support or if the case is still pending, the court may issue temporary child support orders until the final decision is made. This ensures that the child is supported during the proceedings.
In Virginia, child support is generally calculated based on a formula that considers the combined income of both parents, custody and visitation arrangements, healthcare and childcare expenses, and any special needs of the child. The court aims to ensure that the child receives appropriate financial support, providing for their basic needs and maintaining a similar standard of living to what they would have had if the parents were still together.
If you’re involved in a child support case in Virginia, it’s a good idea to consult with a family law attorney who can help you understand how these guidelines apply to your specific circumstances and ensure that the support arrangement is fair.