How is my child support calculated? - Fairfax Virginia
Child support is calculated based upon the Virginia Child Support Guidelines. The guidelines that apply in each case are based on three different custody situations: sole custody, shared custody, and split custody. Sole custody means the non-custodial parent has less than 90 days of visitation per year with the child. A day is defined as 24 hours, or where the noncustodial parent has the child for an overnight visit lasting less than 24 hours there is a presumption that each party gets half of a day. Shared custody means the non-custodial parent has the child for at least 90 days per year. Split custody means the children are split up between the parents.
After determining which calculator applies in your situation, the next step is to enter each party’s gross income. Gross income means income from all sources, before taxes and other deductions, including, but not limited to, salary, commission, bonuses, pension, interest, capital gains, social security benefits, worker’s compensation, unemployment, disability, veteran’s benefits, spousal support, rental income, gifts, prices, or awards. Gross income does not include public assistance, federal supplemental security income, or child support.
After the income is determined, it is necessary to enter any child care costs into the calculation. Child care costs must not exceed the amount required to provide quality care from a licensed source. The non-custodial parent can request that the custodial parent present documentation to verify the costs incurred for child care. The court may consider the willingness and availability of the noncustodial parent to provide child care in determining whether child care costs are necessary or excessive. The court can also consider the tax savings a party derives from child care costs or deductions.
Finally, it is necessary to include any health insurance premiums paid for the child. The court considers any costs for health care coverage and dental care coverage when paid by a parent or a parent’s spouse to the extent that the costs are directly allocable to the child. Meaning the paying party gets a credit for the amount being paid beyond the coverage the parent would otherwise have.
The amount of child support calculated from the guidelines is presumptively correct unless rebutted by evidence showing that the guideline amount would be unjust. A link to the Virginia Child Support Guidelines Worksheet can be found here:
1. Sole Custody: Click Here
2. Split Custody: Click Here
3. Shared Custody: Click Here