Virginia Child Support Laws: Guidelines and Calculations

Quick Summary: Virginia Child Support

• Guideline Model: Income Shares Model
• Presumptive Minimum: $68 per month
• Income Cap (as of July 2025): $42,500 combined monthly gross income
• Age of Termination: 18 (or 19 if still a full-time high school student)
• Shared Custody Threshold: More than 90 days per year
• Modification Window: Every 3 years, or upon material change in circumstances
• Low-Income Threshold: 150% of federal poverty level triggers special consideration
• Governing Statutes: Va. Code 20-108.1 and Va. Code 20-108.2
• Agency: Division of Child Support Enforcement (DCSE), Virginia Department of Social Services

How to Apply for Child Support in Virginia

The Virginia Department of Social Services operates the Division of Child Support Enforcement (DCSE). The DCSE provides several services for parents including paternity establishment, locating biological and putative parents, establishing and modifying child support orders, collecting and distributing payments, and managing medical support.

To apply online, visit the MyChildSupport Customer Service portal and create an account.

You may also download the Virginia Support Enforcement Services Application, complete it, and mail it to P.O. Box 570, Richmond, VA 23218-0570. You can also drop it off at the nearest child support office in your area.

For questions, call 1-800-468-8894.

What to remember:

• Parents who have never received TANF (Temporary Assistance for Needy Families) must pay an annual $25 service fee. Additional fees for attorney costs, intercept processing, genetic testing, and other services may also apply.
• All parents subject to child support orders must provide their social security numbers to the DCSE.
• The DCSE cannot provide legal assistance. Consult a family court attorney for legal advice.
• The DCSE expects both parents to cooperate, communicate, and report changes in financial circumstances promptly.
• Failure to communicate may cause DCSE to close your case.

How Is Paternity Established in Virginia?

Virginia child support laws presume that if a child is born to a married couple, or if the couple was married at least ten months before the birth, the husband is the legal father.

There are four ways to establish paternity in Virginia:

• Marriage: As described above, a child born during marriage is presumed to be the husband's child.
• Voluntary Acknowledgment of Paternity (VOP): Both parents sign a VOP form at the hospital after childbirth or later at any child support office.
• Administrative Order: Open a child support case through the DCSE and establish paternity via an administrative order.
• Judicial Establishment: Petition the court to require the other parent to take a paternity test.

If you need to establish paternity, request a paternity application form or call 1-800-468-8894.

What to remember:

• Establishing paternity grants the father legal rights and responsibilities, including visitation, custody, and the obligation to pay child support and provide medical support.
• The DCSE charges $30 per person for DNA testing.
• Paternity establishment also grants the child inheritance rights and eligibility for certain Social Security or veterans' benefits.
• Either parent may petition the court for a paternity test.

How Is Child Support Calculated in Virginia?

Virginia uses the Income Shares Model to calculate child support. This model estimates the amount of money that would have been available to the child if the parents had stayed together. That amount is then divided proportionally between both parents based on their respective incomes.

Under Va. Code 20-108.2, the courts or DCSE follow these steps:

1. Combine the gross incomes of both parents. Gross income includes all income from all sources: wages, salaries, commissions, bonuses, dividends, pensions, interest, Social Security benefits, workers' compensation, unemployment benefits, disability insurance, veterans' benefits, spousal support, rental income, and more.
2. Cross-reference the combined gross income with the Schedule of Monthly Basic Child Support Obligations found in Va. Code 20-108.2.
3. Add health insurance costs and work-related child care expenses to the basic obligation.
4. Divide the total obligation between the parents based on each parent's share of the combined income.

July 2025 Guideline Updates (SB 805)

Effective July 1, 2025, Senate Bill 805 made the first major update to Virginia's child support schedule since 2014. Key changes include:

• Income cap raised from $35,000 to $42,500 per month in combined gross income. Parents earning between $35,000 and $42,500 now have specific guideline amounts instead of ad hoc judicial calculations.
• Updated obligation amounts throughout the schedule to reflect the rising costs of health care, child care, and general living expenses.
• High-income calculations above $42,500: For combined incomes exceeding $42,500 per month, the court starts with the base support figure at the $42,500 level and adds a percentage of income above that cap. The percentage depends on the number of children: 2.6% for one child, 3.4% for two children, and up to 5% for six or more children.

The new guidelines do not automatically change existing child support orders. To adjust an order entered before July 2025, a parent must petition for modification and demonstrate a material change in circumstances.

Sole Custody vs. Shared Custody Calculations

The worksheet you use depends on your custody arrangement.

Sole Custody: Use Va. Code 20-108.2 Worksheet A. The total obligation equals the basic monthly obligation plus health care coverage and work-related child care. Each parent's share is calculated based on their percentage of combined income.

Shared Custody (more than 90 days per year): Use Worksheet B. When a parent has the child for more than 90 days per year, Virginia applies a 1.4 multiplier to the basic obligation to account for the costs of maintaining two households. The adjusted amount is then allocated between parents based on their income shares and the amount of time each parent has custody.

Split Custody: When each parent has primary custody of at least one child, the court calculates support for each parent as a noncustodial parent. The parent who owes the larger amount pays the difference to the other parent.

Presumptive Minimum and Low-Income Provisions

Virginia sets a presumptive minimum child support obligation of $68 per month for the paying parent under sole custody arrangements. However, exemptions from this minimum apply if the parent is:

• Institutionalized in a psychiatric facility
• Imprisoned for life with no chance of parole
• Medically verified as totally and permanently disabled with no potential for paying child support (including SSI recipients)
• Otherwise involuntarily unable to produce income

If the paying parent's gross income is at or below 150% of the federal poverty level, the court may set an obligation below the $68 minimum after hearing evidence. The court must ensure the reduction does not seriously impair the custodial parent's ability to maintain adequate housing and provide basic necessities for the child.

Imputed Income for Voluntarily Unemployed Parents

If a parent is voluntarily unemployed or underemployed, the court may impute income to that parent. Under Va. Code 20-108.1, the court considers factors including:

• The parent's assets, employment history, and earnings history
• Job skills, educational attainment, and literacy
• Age, health, and criminal record
• The local job market and prevailing wage levels
• Other employment barriers

Income will not be imputed to a custodial parent if the child is not in school, child care services are not available, and child care costs are not included in the support calculation.

Grounds for Deviation

Using the guideline tables or online calculators produces estimates only. Virginia law allows the judge to deviate from the guidelines based on several factors. Under 22 VAC 40-880-240 (Administrative Deviation), grounds for deviation include:

• Monetary support for other families or children
• Voluntary unemployment or underemployment
• Existing child-support-related debts
• Cost of insurance
• Travel expenses for visitation
• Other factors the court deems relevant

Any deviation must be accompanied by a written finding explaining why the guideline amount would be unjust or inappropriate.

How to Modify Child Support in Virginia

A petition for modification can result in an increase, a decrease, or no change in the child support amount.

Virginia law allows upkeep order reviews every three years after the entry, modification, or last review of an order. Before the three-year mark, a parent may only petition for review upon demonstrating a current and continuing material change in circumstances.

Examples of qualifying changes include:

• A significant change in either parent's income (such as job loss, pay raise, or new employment)
• A change in the custody arrangement
• A child becoming emancipated
• A substantial change in the cost of health insurance
• A change in child care expenses of at least 25%

To request a review, submit a written request to the DCSE office along with supporting documents. Download the Request for Review and Adjustment Form to get started. You must also submit financial disclosure forms and health insurance verification along with the review packet.

Parents may also agree to changes between themselves and submit the agreement to the court for approval, potentially avoiding a hearing.

What to remember:

• The burden of proof falls on the parent requesting the modification.
• You may only withdraw a written review request through another written request.
• The July 2025 guideline updates alone do not automatically modify existing orders. You must still show a material change in circumstances.
• For modification services, contact the DSS at 1-800-468-8894.

What Happens if You Do Not Pay Child Support in Virginia?

All child support orders in Virginia include an income withholding order. Once an order is established, the law requires the paying parent's employer to garnish child support directly from wages, salary, or other income.

If a parent falls behind on payments, the DCSE or court may use the following enforcement tools:

• Liens on property: If arrears equal or exceed $1,000, the DCSE may place a renewable lien on the delinquent parent's property. The lien preserves the debt for 20 years and is renewable.
• Order to withhold or deliver: The DCSE can garnish child support directly from bank accounts or other assets.
• Seizure and sale: The DCSE may seize and sell the noncustodial parent's assets through the SAFE (Seize Assets for Enforcement) program.
• License suspension: The DCSE, through coordination with other state agencies, may suspend a delinquent parent's driver's license, recreational license, or business license under Va. Code 46.2-320.1.
• Tax intercept: State, local, and federal income tax refunds may be intercepted.
• Military remedies: If the paying parent is in the military, the DCSE may apply additional federal enforcement tools.
• Passport denial: The federal government may deny or revoke the passport of a parent who owes more than $2,500 in arrears.

Longarm provisions (UIFSA): Virginia can claim personal jurisdiction over a parent in another state under the Uniform Interstate Family Support Act, allowing cross-state enforcement.

As an alternative to incarceration, the court may refer a delinquent parent to the Intensive Case Monitor Program.

Contempt of Court and Criminal Nonsupport

Under Va. Code 20-61, any parent who willfully neglects or refuses to provide support for a child under 18 (or a disabled child of any age) when the child is in necessitous circumstances is guilty of a Class 1 misdemeanor. Penalties include:

• Up to 12 months in jail
• A fine of up to $500
• Work release for 90 days to 12 months
• In lieu of fine or confinement, a forfeiture of up to $1,000

If a parent willfully and knowingly fails to provide child support, he or she may face civil contempt or criminal contempt charges. The court will summon the accused to explain the failure to pay. Under Va. Code 16.1-278.16, contempt sentences cannot exceed 12 months.

An employer who fails to withhold child support as ordered may face charges under Va. Code 18.2-111.2 for embezzlement of withheld child support.

What to remember:

• The severity of enforcement depends on the amount owed and the duration of nonpayment.
• To avoid enforcement action, contact the DCSE or court immediately when your financial circumstances change.
• The DCSE typically resorts to court action only after exhausting administrative enforcement options.
• Incarceration is usually a last resort. You may be able to avoid it by paying arrears or establishing a payment plan.

When Does Child Support End in Virginia?

Under Va. Code 20-124.2, child support normally terminates on the child's 18th birthday.

However, support continues past 18 in two situations:

1. Full-time high school students: Support continues until the child turns 19 or graduates from high school, whichever comes first, as long as the child is (a) a full-time high school student, (b) not self-supporting, and (c) living in the home of the parent receiving support.
2. Severely disabled children: The court may order continued support for a child over 18 who is (a) severely and permanently mentally or physically disabled (with the disability existing before age 18 or 19), (b) unable to live independently and support themselves, and (c) residing in the home of the parent receiving support.

If any arrearages (including interest or fees) exist when the youngest child emancipates, payments continue in the total amount due at the time of emancipation until all arrears are paid in full.

How to End Child Support Early in Virginia

Emancipation is the primary way to end child support before the child turns 18.

A minor who is at least 16 years old, or that minor's parent or guardian, may petition the Juvenile and Domestic Relations District Court for emancipation. The minor must demonstrate a legal source of income and the skills and resources necessary to manage their own affairs, including housing.

Parents considering emancipation should consult a juvenile court attorney to determine eligibility.

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