Virginia calculates child support using the income shares model under Va. Code § 20-108.2, which combines both parents' gross monthly incomes and allocates a proportional obligation based on each parent's share of that combined total. As of July 1, 2025, Senate Bill 805 raised the combined monthly gross income cap from $35,000 to $42,500 and increased guideline amounts across all income levels for the first time since 2014. The child support calculator Virginia families rely on uses worksheets DC-637, DC-638, or DC-640 depending on the custody arrangement, and the filing fee to initiate a child support action is approximately $86.
Key Facts: Virginia Child Support at a Glance
| Factor | Detail |
|---|---|
| Calculation Model | Income shares (Va. Code § 20-108.2) |
| Combined Income Cap | $42,500/month gross (effective July 1, 2025, SB 805) |
| Previous Income Cap | $35,000/month gross (unchanged since 2014) |
| Shared Custody Multiplier | 1.4x when both parents have child 90+ days/year |
| Filing Fee | ~$86 (base ~$60 under Va. Code § 17.1-275 plus local surcharges) |
| Residency Requirement | 6 months bona fide domicile (Va. Code § 20-97) |
| Sole Custody Worksheet | DC-637 |
| Split Custody Worksheet | DC-638 |
| Shared Custody Worksheet | DC-640 |
| Modification Standard | Material change in circumstances (Va. Code § 20-108) |
| Deviation Factors | 15 statutory factors (Va. Code § 20-108.1) |
| Property Division | Equitable distribution |
| Divorce Grounds | No-fault (1 year separation, or 6 months with agreement and no minor children) plus fault grounds |
How Does Virginia Calculate Child Support?
Virginia determines child support by combining both parents' monthly gross incomes, looking up the basic child support obligation on a statutory schedule, and then dividing that obligation proportionally based on each parent's percentage of the combined income under Va. Code § 20-108.2. Health care coverage costs and work-related child care costs are added to the basic obligation before the proportional split is applied.
The income shares model used by the child support calculator Virginia courts apply begins with each parent's gross monthly income. If Parent A earns $6,000 per month and Parent B earns $4,000, the combined gross is $10,000, making Parent A responsible for 60% of the obligation and Parent B for 40%. The statutory schedule under Va. Code § 20-108.2 provides the base obligation amount for any given combined income and number of children.
Once the basic obligation is determined from the schedule, additional costs are layered on. Virginia adds the cost of health insurance premiums attributable to the child and any work-related child care expenses to the basic support amount. The total is then divided between the parents according to their respective income percentages. The non-custodial parent's share becomes the monthly child support obligation.
For combined monthly gross incomes exceeding the $42,500 cap set by 2025 SB 805, the court starts with the guideline amount at the $42,500 level and then has discretion to add a percentage of the excess income based on the number of children. This provision under Va. Code § 20-108.2 prevents high-income cases from falling outside the guidelines entirely while giving judges flexibility to set appropriate amounts.
What Income Counts for Virginia Child Support?
Virginia defines gross income broadly under Va. Code § 20-108.2 to include virtually all recurring monetary receipts from any source, encompassing salaries, wages, commissions, bonuses, dividends, pensions, Social Security benefits, workers compensation, disability payments, veterans benefits, spousal support received, rental income, capital gains, trust income, annuities, severance pay, royalties, and interest income.
Self-employment income receives specific treatment under Virginia law. A self-employed parent reports gross receipts and then deducts reasonable business expenses to arrive at net self-employment income. Additionally, one-half of the self-employment tax is deducted from gross income under Va. Code § 20-108.2, recognizing that self-employed individuals pay both the employer and employee portions of FICA taxes.
Virginia courts can impute income to a parent who is voluntarily unemployed or underemployed under Va. Code § 20-108.1(B)(3). This means a parent who deliberately reduces earnings to lower a child support obligation may have income attributed based on earning capacity. Courts examine the parent's work history, education, job qualifications, prevailing job opportunities in the community, and the age and special needs of children in making this determination.
Income Included vs. Excluded in Virginia Child Support
| Included in Gross Income | Treatment |
|---|---|
| Salaries, wages, commissions | Full amount before taxes |
| Bonuses, severance pay | Included at full value |
| Dividends, interest, royalties | All investment income counted |
| Pensions, annuities, trust income | Full distribution amounts |
| Social Security benefits | Included in gross income |
| Workers compensation, disability | Full benefit amount |
| Veterans benefits | Included per federal allowance |
| Spousal support received | Added to recipient's gross income |
| Rental income | Net after reasonable expenses |
| Capital gains | Included when realized |
| Self-employment income | Net after reasonable business expenses; one-half SE tax deducted |
| Imputed income | Attributed if voluntarily unemployed/underemployed (Va. Code § 20-108.1(B)(3)) |
The 2026 HHS Federal Poverty Guidelines are used to determine whether a low-income exception applies. When the paying parent's income falls below established thresholds, the court may adjust the obligation downward to ensure the parent retains sufficient income for basic needs while still contributing to child support.
How to Use the Virginia Child Support Calculator (Step-by-Step)
Using the child support calculator Virginia provides through its court system involves gathering income documentation, selecting the correct worksheet, and following a systematic process that mirrors how judges compute support under Va. Code § 20-108.2. The entire calculation can be completed in approximately 15-20 minutes with the right documents on hand.
- Gather both parents' gross monthly income documentation, including pay stubs from the last 6 months, tax returns, and records of any additional income sources listed under Va. Code § 20-108.2
- Determine the custody arrangement to select the correct worksheet: DC-637 for sole custody, DC-638 for split custody, or DC-640 for shared custody (90+ overnight days per parent)
- Enter Parent A's monthly gross income on the worksheet
- Enter Parent B's monthly gross income on the worksheet
- The worksheet calculates combined monthly gross income and each parent's percentage share
- Look up the basic child support obligation from the statutory schedule based on combined income and number of children
- Add monthly health care coverage costs attributable to the children
- Add monthly work-related child care costs
- Calculate the total child support obligation (basic obligation plus add-ons)
- Multiply the total obligation by the non-custodial parent's income percentage to determine their monthly payment
- Apply the shared custody 1.4 multiplier if using worksheet DC-640
- Review the 15 deviation factors under Va. Code § 20-108.1 to determine if adjustments are warranted
For combined incomes above $42,500 per month, the worksheet calculation starts at the cap amount and the court exercises discretion for the income above that threshold based on the number of children and the family's standard of living.
What Is the Shared Custody Calculation in Virginia?
Virginia applies a 1.4 multiplier to the basic child support obligation when both parents have physical custody of the child for 90 or more days per year, using worksheet DC-640 under Va. Code § 20-108.2. This shared custody formula recognizes that both households bear direct costs of raising the child and adjusts the guideline amount accordingly.
The shared custody child support estimator works differently from the sole custody calculation. After determining the basic obligation from the statutory schedule, the amount is multiplied by 1.4 to account for the duplicated fixed costs each parent incurs, such as maintaining a bedroom, clothing, and household supplies at both residences. Each parent's support obligation is then calculated based on their income percentage and the number of custody days.
A practical example illustrates the shared custody formula. If Parent A earns $7,000 monthly and Parent B earns $3,000, their combined income is $10,000 with a 70/30 split. Suppose the basic obligation from the schedule for two children at $10,000 combined income is $1,600. The shared custody multiplier increases this to $2,240 ($1,600 times 1.4). Parent A's share at 70% is $1,568, and Parent B's share at 30% is $672. Each parent's obligation is then reduced proportionally by the number of custody days they have, and the parent owing the greater amount pays the difference to the other parent.
The 90-day threshold is strictly applied. A parent with 89 overnights does not qualify for the shared custody worksheet DC-640 and instead uses the sole custody worksheet DC-637. Courts count actual overnights rather than theoretical schedules when the arrangement is disputed.
What Changed in Virginia's 2025 Child Support Guidelines?
Senate Bill 805, effective July 1, 2025, enacted the first update to Virginia's child support guidelines since 2014, raising the combined monthly gross income cap from $35,000 to $42,500 and increasing guideline support amounts across all income levels to reflect current economic conditions under Va. Code § 20-108.2.
Before and After: 2025 SB 805 Changes
| Feature | Before SB 805 (Pre-July 2025) | After SB 805 (July 1, 2025+) |
|---|---|---|
| Combined Monthly Income Cap | $35,000 | $42,500 |
| Last Updated | 2014 | 2025 |
| Guideline Amounts | 2014 economic data | Updated to reflect 2024 cost of living |
| Above-Cap Treatment | Court discretion above $35,000 | Court discretion above $42,500 |
| Worksheet Structure | DC-637, DC-638, DC-640 | Same worksheets, updated schedules |
| Shared Custody Multiplier | 1.4x at 90+ days | 1.4x at 90+ days (unchanged) |
The 11-year gap between updates meant that Virginia's child support schedule had not kept pace with inflation, rising health care costs, or increased child-rearing expenses. Between 2014 and 2025, cumulative inflation exceeded 30%, meaning the previous guidelines significantly understated the actual cost of raising children. SB 805 corrected this by recalculating guideline amounts using updated economic data.
For families already under existing child support orders, the 2025 changes may constitute a material change in circumstances sufficient to justify a modification under Va. Code § 20-108. Parents whose combined income falls between $35,000 and $42,500 monthly may see the most significant impact, as their cases now fall fully within the guideline schedule rather than requiring judicial discretion for the above-cap portion.
The income cap increase from $35,000 to $42,500 also affects high-income cases by providing a higher baseline calculation before the court exercises discretion on excess income. A family with $50,000 in combined monthly income previously had $15,000 subject to judicial discretion; under the new guidelines, only $7,500 falls outside the schedule.
Can the Court Deviate from Virginia Child Support Guidelines?
Virginia permits courts to deviate from the presumptive guideline amount based on 15 specific factors enumerated in Va. Code § 20-108.1, but the court must make written findings explaining why the guidelines would be unjust or inappropriate in the particular case. The guideline amount is presumptively correct, and the burden falls on the parent requesting a deviation to demonstrate that special circumstances warrant an adjustment.
The 15 deviation factors under Va. Code § 20-108.1 include:
- Actual monetary support for other family members or children from other relationships
- Custody arrangements, including costs of visitation travel
- Imputed income to a voluntarily unemployed or underemployed parent
- Debts of either party arising during the marriage for the family's benefit
- Direct payments for health care or education not included in the basic calculation
- Independent financial resources of the child
- Standard of living the child would have enjoyed had the marriage continued
- Earning capacity, obligations, and needs of each parent
- Special needs of a child resulting from physical or mental conditions
- Provisions made for the child's education
- Tax consequences to each party
- Contributions of either party to the family's well-being through homemaking
- Any other factors necessary to consider the equities of the situation
- The child's age
- Any independent income of the child
Deviation requests are most commonly granted when extraordinary medical expenses exist for a special-needs child, when significant travel costs are required for visitation, or when the payor has substantial support obligations for children from other relationships. Courts rarely deviate solely because a parent disagrees with the guideline amount.
How Do You Modify Child Support in Virginia?
Virginia requires a material change in circumstances to modify an existing child support order under Va. Code § 20-108, and the change must be substantial, continuing, and not contemplated at the time the original order was entered. Filing a modification petition costs approximately $86 in court fees, and the petitioner bears the burden of proving the changed circumstances.
Common grounds for modification include a significant change in either parent's income (such as job loss, promotion, or disability), changes in the custody arrangement, changes in the child's needs (such as developing a medical condition requiring ongoing treatment), the child reaching an age where expenses materially change, or the 2025 SB 805 guideline update itself creating a difference between the current order and the updated calculation.
The modification process begins by filing a motion with the juvenile and domestic relations district court or the circuit court that entered the original order. The petitioning parent must demonstrate that applying the current guidelines to the current circumstances would result in a support amount that differs materially from the existing order. Virginia does not use a specific percentage threshold for materiality, leaving courts discretion to determine whether the change is sufficient.
A parent cannot unilaterally reduce child support payments based on changed circumstances. Until the court enters a modified order, the original obligation remains in full effect under Va. Code § 20-108. Unpaid support accumulates as arrearages that cannot be retroactively reduced, and the court may only modify support prospectively from the date the modification petition is filed.
What Are the Virginia Child Support Worksheets?
Virginia uses three official child support worksheets corresponding to different custody arrangements, each implementing the income shares formula under Va. Code § 20-108.2. Courts require the appropriate worksheet to be completed and submitted with any child support petition or modification request.
Virginia Child Support Worksheet Comparison
| Worksheet | Form Number | Custody Type | When Used | Multiplier |
|---|---|---|---|---|
| Sole Custody | DC-637 | One parent has primary physical custody | Non-custodial parent has fewer than 90 overnights/year | None (1.0x) |
| Split Custody | DC-638 | Each parent has primary custody of at least one child | Siblings are divided between households | Separate calculation per child grouping |
| Shared Custody | DC-640 | Both parents have 90+ overnights/year | True shared parenting arrangement | 1.4x basic obligation |
Worksheet DC-637 (sole custody) is the most commonly used form. It follows the standard calculate child support process: combine incomes, find the basic obligation, add health care and child care costs, and apportion by income percentage. The non-custodial parent's share is the monthly support amount.
Worksheet DC-638 (split custody) applies when two or more children are split between households, with at least one child primarily residing with each parent. The worksheet runs a separate calculation for each grouping of children, and the parent owing the larger amount pays the difference to the other parent. This situation is less common but requires careful attention to the allocation of children between households.
Worksheet DC-640 (shared custody) activates when both parents have the child for 90 or more days annually. The 1.4 multiplier is applied to the basic obligation before the proportional split. Each parent's obligation is further adjusted by the number of custody days, and the net difference between the two obligations determines the transfer payment. This worksheet recognizes the economic reality that shared custody creates duplicated household expenses.
All three worksheets require documentation of gross income, health insurance costs for the child, and work-related child care expenses. Courts may request additional documentation such as tax returns, pay stubs, and evidence of extraordinary expenses when reviewing the completed worksheets.
Frequently Asked Questions
How long does child support last in Virginia?
Child support in Virginia generally continues until the child turns 18 or graduates from high school, whichever occurs later, but does not extend beyond the child's 19th birthday under Va. Code § 20-124.2. If the child is severely and permanently mentally or physically disabled, the court may order support to continue beyond age 18. Virginia does not require parents to pay for college expenses through the child support system, though parents may agree to college contribution in a separation agreement.
What happens if a parent does not pay child support in Virginia?
Virginia enforces child support through multiple mechanisms under Va. Code § 20-108, including wage garnishment (income withholding orders), interception of tax refunds, suspension of driver's licenses and professional licenses, passport denial for arrearages exceeding $2,500, and contempt of court proceedings that can result in fines or incarceration. The Division of Child Support Enforcement (DCSE) handles enforcement at no cost to the custodial parent.
Can parents agree to a child support amount different from the guidelines?
Parents may agree to a different amount, but the court must review and approve any deviation from the guidelines under Va. Code § 20-108.1. The court will apply the child support calculator Virginia guidelines provide, compare the result to the agreed amount, and approve the agreement only if the deviation serves the child's best interests. Courts will not approve agreements that set support unreasonably low, as child support is considered the child's right rather than the parent's.
Does overtime or bonus income count toward Virginia child support?
Yes. Overtime pay, bonuses, commissions, and incentive compensation are included in gross income under Va. Code § 20-108.2. Courts typically average variable income over the most recent 12-24 months to establish a representative monthly figure. If overtime is mandatory or consistently worked, it is more likely to be fully included. Purely discretionary overtime may receive different treatment, but Virginia courts generally include all earned income regardless of source.
How does Virginia handle child support with self-employed parents?
Self-employed parents report gross business receipts and deduct reasonable business expenses to determine net self-employment income under Va. Code § 20-108.2. One-half of the self-employment tax is also deducted from gross income. Courts scrutinize self-employment income carefully, often requiring multiple years of tax returns, profit and loss statements, and bank records. Lifestyle analysis may be used when reported income appears inconsistent with the parent's standard of living.
What is the minimum child support payment in Virginia?
Virginia does not set a statutory minimum child support amount, but the guidelines produce an obligation based on the combined income and number of children. For very low-income parents, the 2026 HHS Federal Poverty Guidelines provide a floor below which the court may reduce or cap the obligation to allow the paying parent to meet basic subsistence needs. Even parents with minimal income are generally ordered to pay some amount under Va. Code § 20-108.2.
Can child support be modified if my ex gets a significant raise?
Yes. A substantial increase in either parent's income can constitute a material change in circumstances sufficient to modify child support under Va. Code § 20-108. The petitioning parent must show that recalculating support under the current guidelines would produce a materially different amount than the existing order. The change must also be continuing rather than temporary, such as a permanent promotion rather than a one-time bonus.
How does the 2025 SB 805 update affect existing child support orders?
Existing orders are not automatically updated when the guidelines change. However, the updated guideline amounts under 2025 SB 805 may provide grounds for modification if recalculating support using the new schedule produces a materially different amount under Va. Code § 20-108. Parents whose combined income falls between $35,000 and $42,500 per month are most likely to see significant differences, as their cases now fall within the guideline schedule rather than requiring discretionary above-cap treatment.
Does Virginia consider the cost of living when calculating child support?
The guideline schedule under Va. Code § 20-108.2 is based on economic data reflecting average child-rearing costs, which inherently incorporates cost-of-living considerations at the state level. However, the guidelines do not adjust for regional cost differences within Virginia, such as the higher cost of living in Northern Virginia compared to rural Southwest Virginia. The 15 deviation factors under Va. Code § 20-108.1 allow courts to consider equitable factors that may include local cost differences.
How are taxes handled in Virginia child support calculations?
Virginia child support is calculated from gross income before taxes rather than net income under Va. Code § 20-108.2. Child support payments are neither tax-deductible for the paying parent nor taxable income for the receiving parent under federal tax law (IRC § 71, as amended by the Tax Cuts and Jobs Act of 2017). The only tax adjustment built into the income calculation is the deduction of one-half of self-employment tax for self-employed parents.