Virginia Child Support Laws
It's true that Virginia is for lovers. But sometimes those lovers split up. When a couple goes through a divorce, Virginia law tries to minimize the negative financial impact the split might have on any of the couple's children. It does this by requiring each parent to make some contribution toward the money needed to raise the children. If you're going through a divorce, read on to learn about how Virginia law determines who will pay child support, how the amount of those payments is determined, and other important considerations.
What Virginia Law Says About Who Pays Child Support
The crucial distinction in deciding who pays child support is who will be the custodial parent. The custodial parent is the one who will be with ("in custody of") the child the majority of the time (Sec. 20-124.1). Since this parent has to cover a lot of the costs of raising a child -- from food and shelter to education and health care -- only the non-custodial parent will pay child support (Sec. 20-108.2(G)). Either the parents themselves or a court will decide who the custodial parent will be after a divorce (Sec. 20-107.2 and 20-124.1, et seq.).
What Virginia Law Says About Calculating the Amount of Child Support
You may think it's obvious what your income is: the money you get from your job. However, this may not tell the whole story, and a court will take many different things into account when determining how much you need to pay in child support (Sec. 20-108.2 and 20-108.1). These factors may include:
- Your salary
- Any commission earned
- Hourly wages
- Severance pay
- Veterans benefits
- Some social security benefits
- Disability or workers' compensation payments
After your total income is determined, a set formula will be applied to see how much you owe. The end result is a grid that tells you how much you will pay based on your income and the number of children you have (Sec. 20-108.2).
The way the grid works is simple. The number of children is listed along the top of the grid, while your gross monthly income is listed along the left side. To see what you will pay, you simply find the point on each side of the grid that applies to your situation and trace down and across to find where they intersect. For example, if you have two children and you make $2,000 a month, you will pay $527 in child support.
It is critical to note, however, that the grid is not set in stone. The grid gives you an idea of what you should pay, but the court will give you the exact figure (Sec. 20-108.1).
What Virginia Law Says About How Child Support is Determined
In Virginia, a court order will often set up the child support payments, but this is not always the case. The department of social services also has the power to do this, but the process is identical to what the court uses (Sec. 20-108.2(A)). Additionally, if you're receiving public assistance, you may not have to submit an application on your own -- the Division of Child Support Enforcement , or DCSE, will do so on your behalf in most cases (Sec. 63.2-1903).
Read the full text of the Code of Virginia for more detail.
I'm Dealing with Child Support Issues: What's Next?
If you have children and you're facing divorce, separation, or paternity issues, you will have to figure out how your children will be financially supported. Conflicts often arise in determining custody, calculating a parent's income, establishing a child's paternity, and enforcing court-ordered child support.
Virginia offers several different options for mothers and/or fathers wishing to establish paternity, including low-cost DNA testing through the Division of Child Support Enforcement in addition to several private testing providers.
You can get started on your child support paperwork today by downloading the necessary forms from the Virginia Dept. of Social Services. The state also provides a child support guidelines worksheet to help parents reach a settlement.
Unsure About Child Support After a Divorce? Get a Free Case Review
Divorce is a major life decision that has significant financial and emotional consequences on both the parents and children involved. How much child support you may receive or may be forced to pay is not always straight forward. An experienced divorce lawyer can guide you through the process and protect your interests. Receive a free case evaluation from a local attorney familiar with Virginia's child support laws.
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.
Additional Child Support Articles
- Department Of Child Support Enforcement Contact Information
- Why Is It So Hard To Reach My Child Support Office By Phone?
- When I Was A Child, The Non-Custodial Parent Did Not Pay The Support He/She Was Ordered To Pay. Can I Collect The Money That Is Owed?
- Do You Have An Attorney I Can Talk To About A Question I Have Related To Child Support?
- Where Is The Scale That Is Used In Setting The Amount Of A Child Support Order?
- How Does Dcse Determine How Much Support Someone Should Pay?
- How Does Dcse Collect Child Support?
- What Are The Time Frames For Dcse To Take Action On A Case?
- A Child Support Payment Was Credited To My Case Several Days Ago And Usually I Would Have It By Now, But I Haven't Received It. What Happens?
- I Do Not Know Where The Non-Custodial Parent Is Living. Can Dcse Find Him/Her?
- I Have Been Receiving Child Support Directly For Years But I Recently Went To Court And The Support Is Now Ordered To Be Paid Through Dcse. Why Is This?
- If The Non-Custodial Parent Receives Social Security Benefits, Can Dcse Still Collect Support For Me?
- If The Non-Custodial Parent Is Receiving General Relief Or Tanf Benefits, Can Dcse Still Collect Support For Me?
- My Child Will Turn 18 Soon But He Is Still In High School. What Will Happen To The Child Support?
- I Have Been Receiving The Same Amount Of Support For Many Years. How Can I Get More Money?
- Can I Have My Child Support Payments Deposited Directly Into My Bank Account?
- Where Should I Send Payments?
- I Just Lost My Job And Can't Afford To Pay The Support I'm Ordered To. What Can I Do?
- I Paid All The Child Support I Owed But The Debt Is Still Showing On My Credit Report. Why?
- What Are Dcse Appeals?