Virginia Child Support Laws

Virginia Child Support Issues & Resources

Virginia Child Support

Virginia child support is based upon official guidelines for the calculation of child support. The amount of support arrived at under the Virginia child support guidelines is presumed to be correct unless there is a showing that the amount would be unjust or inappropriate. In determining support, and whether the amount is unjust or inappropriate, a Virginia Court will consider the following factors: 
  • the financial resources of the child; 

  • the standard of living the child would have enjoyed if the marriage had not been dissolved; 

  • the physical and emotional conditions and educational needs of the child;

  • the earning capacity of each parent;

  • the age and health of the child; 

  • the division of marital property; 

  • the monetary or non-monetary contributions of the parents to the family's well-being; 

  • the education of the parents;

  • the ability of the parents to secure education and training;

  • the income tax consequences of child support; 

  • any special medical, dental, or child care expenses; 

  • the obligations, needs, and financial resources of the parents; and 

  • any other relevant factors.

In determining whether the amount of child support is unjust and inappropriate, a Virginia Court will also consider the following additional factors: 

  • support provided for other children or family members;

  • custody arrangements; 

  • voluntary unemployment or under-employment, unless it is the custodial parent and the child is not in school and child care services are not available and the cost of child care services are not included in the computations for child support; 

  • debts incurred during the marriage for the benefit of the child; 

  • debts incurred for the purpose of producing income;

  • direct court-ordered payments for health insurance or educational expenses of the child; and

  • any extraordinary capital gains, such as gains from the sale of the marital home.

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