Support in Virginia (2026)
Comprehensive guide to child support and alimony laws in Virginia. Filing fees, requirements, timelines, and how to find a Virginia family law attorney.
Created to help people understand child support and alimony laws in plain language. Laws and procedures vary by state.
This page is for informational purposes only and does not constitute legal advice. For advice specific to your situation, consult a licensed attorney in your state.
Quick Answer
Virginia uses the income shares model for calculating child support. The state recognizes 5 types of alimony. Modifications require showing a material change of circumstances since the last order.
Virginia at a Glance
- Child Support Model
- Income Shares
- Alimony Types
- 5 types
- Modification Standard
- Material change of circumstances since the last order
How Virginia Compares
See how Virginia stacks up against nearby states on key support factors.
| Virginia | Maryland | North Carolina | |
|---|---|---|---|
| Support Model | Income Shares | Income Shares | Income Shares |
| Alimony Types | 5 types | 3 types | 4 types |
| Modification Standard | Material change of circumstances since the last order | Material change of circumstances; alimony may be modified unless the separation agreement expressly states it is not modifiable | Substantial change in circumstances relating to the needs of the child or the ability of the parents to pay |
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Virginia’s Shared Custody Support Formula
One of the most significant features of Virginia’s child support system is its detailed statutory formula for shared custody arrangements. Under Va. Code Section 20-108.2(G), when each parent has the child for 90 or more days per year, the standard sole custody calculation no longer applies. Instead, Virginia uses a shared custody formula that accounts for the increased expenses each parent incurs during their custodial time.
The shared custody formula works as follows:
- Calculate each parent’s sole custody obligation. The court first determines what each parent would owe as the non-custodial parent under the standard guidelines. This produces two figures — what Parent A would owe if Parent B had sole custody, and what Parent B would owe if Parent A had sole custody.
- Multiply each obligation by 1.4. The shared custody adjustment multiplies each parent’s hypothetical sole custody obligation by a factor of 1.4 to account for the duplicated fixed costs that arise when a child maintains two homes (two bedrooms, two sets of supplies, etc.).
- Cross-multiply by custodial days. Each parent’s adjusted obligation is then multiplied by the percentage of time the child spends with the other parent. This step ensures that the support obligation reflects the actual time split.
- Offset the two amounts. The two resulting figures are compared, and the parent with the larger obligation pays the difference to the other parent.
The practical effect of this formula is that as parenting time approaches an equal split, the child support obligation decreases for the higher-earning parent — but it does not necessarily reach zero even in a true 50/50 arrangement, because the formula still accounts for the income disparity between parents. The 90-day threshold (roughly 25% of the year) means that even parents who do not have equal time can qualify for the shared custody calculation if they have meaningful overnight parenting time.
Understanding how this formula interacts with your specific income and parenting time arrangement can be complex. Virginia’s Division of Child Support Enforcement (DCSE) provides a guideline calculator, and running both the sole custody and shared custody calculations side by side can reveal how the arrangement affects the final support figure.
How Virginia Calculates Child Support
Virginia uses an income shares model codified in Va. Code Section 20-108.2. The model is built on the principle that children should receive the same proportion of parental income they would have enjoyed if the household had remained intact.
The calculation starts with each parent’s gross income, which includes salaries, wages, commissions, royalties, bonuses, dividends, pensions, Social Security benefits, and other income sources. The court may also impute income to a parent who is voluntarily unemployed or underemployed without good cause. Both parents’ gross incomes are combined, and the guidelines schedule under Va. Code Section 20-108.2 identifies a presumptive support amount based on the combined monthly gross income and the number of children.
Each parent’s proportionate share is then calculated based on their percentage of the combined gross income. Additional costs — including health insurance premiums for the child and work-related child care — are added to the basic obligation and apportioned accordingly.
For a broader look at how income shares models function, see our guide on how child support is calculated. You can also run preliminary numbers with our child support calculator.
Shared and Split Custody Adjustments
Virginia’s guidelines include specific provisions for shared and split custody arrangements:
- Shared custody. When each parent has the child for 90 or more days per year, Virginia applies a shared custody formula under Va. Code Section 20-108.2(G) that adjusts the obligation to reflect the increased costs borne by each parent during their custodial time.
- Split custody. When each parent has primary custody of at least one child, separate calculations are run for each child and the obligations are offset.
These adjustments can substantially change the final support figure compared to a sole custody calculation. Courts retain discretion to deviate from the guidelines when application would be unjust or inappropriate, provided they make written findings explaining the deviation.
Modifying or Terminating Child Support
Either parent may petition to modify child support by showing a material change in circumstances. Virginia law also allows modification when there has been a change in the guidelines schedule that would result in a variance of more than a threshold amount from the current order.
Child support in Virginia generally terminates when the child turns 18, or 19 if the child is still a full-time high school student, is not self-supporting, and lives in the home of the parent seeking support. Support also ends upon the child’s emancipation, marriage, or entry into active military service.
Enforcement of Child Support Orders
Virginia’s Division of Child Support Enforcement (DCSE) has extensive tools to collect unpaid support:
- Income withholding orders (mandatory for most new orders)
- Interception of state and federal tax refunds
- Suspension of driver’s licenses, professional licenses, and recreational licenses
- Liens on real and personal property
- Passport denial for arrearages exceeding $2,500
- Contempt of court, which can result in fines or incarceration
Arrearages in Virginia accrue interest and cannot be retroactively forgiven. Any modification takes effect only from the date the petition is filed.
Spousal Support in Virginia
Virginia uses the term “spousal support” rather than alimony. Courts may award spousal support in several forms: temporary support during the pendency of the divorce, rehabilitative support for a defined period, or ongoing support without a fixed end date in appropriate cases.
The factors governing spousal support are set out in Va. Code Section 20-107.1 and include:
- The obligations, needs, and financial resources of the parties, including income from property
- The standard of living established during the marriage
- The duration of the marriage
- The age, physical and mental condition of the parties
- Any contributions, monetary and nonmonetary, to the well-being of the family
- The property interests of the parties as determined by equitable distribution
- The earning capacity, including skills, education, and training, of each party
- The decisions made during the marriage regarding employment, career, education, and parenting and their effect on present earning power
- The extent to which either party contributed to the education or career of the other
- Marital fault, where applicable
Virginia is one of the states where fault grounds — such as adultery, cruelty, or desertion — can directly affect a spousal support award. Under Va. Code Section 20-107.1, a spouse who commits adultery is generally barred from receiving spousal support, though the court retains discretion to award support even in adultery cases if denying it would create a manifest injustice based on the respective financial circumstances.
Duration and Modification of Spousal Support
Virginia does not prescribe a formula for the duration of spousal support. The length of the award depends on the totality of the factors listed in Section 20-107.1. Shorter marriages tend to produce shorter support periods, while long-term marriages may result in indefinite awards.
Either party may seek modification of spousal support by showing a material change in circumstances. Spousal support terminates upon the death of either party, the remarriage of the recipient, or if the recipient cohabits in a relationship analogous to marriage for one year or more, as defined under Va. Code Section 20-109.
When to Seek Legal Guidance
Virginia’s support framework gives courts broad discretion, and the interplay between fault grounds, the shared custody formula, and financial factors can significantly affect outcomes. If you are evaluating a child support or spousal support issue, consider scheduling a free consultation to discuss your specific situation with an experienced family law attorney.
Statutes referenced: Va. Code Sections 20-108.1, 20-108.2 (child support), Section 20-107.1 (spousal support), Section 20-109 (termination of support).
Frequently Asked Questions
What child support model does Virginia use?
Virginia uses an income shares model under Va. Code Section 20-108.2. Both parents’ gross incomes are combined, and the guidelines schedule identifies a presumptive support amount. Each parent’s proportionate share is based on their percentage of the combined gross income.
How does shared custody affect child support in Virginia?
When each parent has the child for 90 or more days per year, Virginia applies a shared custody formula under Va. Code Section 20-108.2(G) that adjusts the obligation to reflect the increased costs borne by each parent during their custodial time.
Until what age does child support last in Virginia?
Child support generally terminates when the child turns 18, or 19 if the child is still a full-time high school student, is not self-supporting, and lives in the home of the parent seeking support.
Can fault affect spousal support in Virginia?
Yes. Fault grounds such as adultery, cruelty, or desertion can directly affect a spousal support award. A spouse who commits adultery is generally barred from receiving support, though the court retains discretion in cases where denial would create a manifest injustice.
How does Virginia’s shared custody formula actually work?
The formula under Va. Code Section 20-108.2(G) first calculates what each parent would owe as the non-custodial parent under standard guidelines, then multiplies each amount by 1.4 to account for duplicated household costs. Each adjusted amount is cross-multiplied by the percentage of time the child spends with the other parent, and the two figures are offset so the parent with the larger obligation pays the difference. The 90-day threshold means parents do not need a 50/50 split to qualify.
Can the court impute income to a voluntarily unemployed parent in Virginia?
Yes. Under Va. Code Section 20-108.1, the court may impute income to a parent who is voluntarily unemployed or underemployed without good cause. The court considers the parent’s work history, education, skills, prevailing job opportunities, and earning history to determine an appropriate imputed income. This prevents a parent from reducing their support obligation by choosing not to work or by working below their earning capacity.
How This Guide Was Researched
This guide was developed by reviewing Virginia’s child support and spousal support statutes, specifically Va. Code Sections 20-108.1 (definitions and imputed income), 20-108.2 (child support guidelines, calculation methodology, and the shared custody formula in subsection G), 20-107.1 (spousal support factors and the adultery bar), and 20-109 (termination of support upon remarriage, cohabitation, or death). Enforcement information was confirmed against resources published by Virginia’s Division of Child Support Enforcement (DCSE). The discussion of the shared custody formula was informed by the DCSE guideline calculator documentation and Virginia State Bar family law section publications.
Sources and Legal References
This guide is based on publicly available legal information and official sources, including:
- Va. Code § 20-108.2 (child support guidelines: income shares model, combined gross income calculation, and presumptive support schedule)
- Va. Code § 20-108.2(G) (shared custody formula: 90-day threshold, 1.4 multiplier, cross-multiplication by custodial days, and offset calculation)
- Va. Code § 20-108.1 (child support definitions, imputed income standards, and gross income components)
- Va. Code § 20-107.1 (spousal support factors, adultery bar, and manifest injustice exception)
- Va. Code § 20-109 (termination of spousal support: death, remarriage, and cohabitation for one year or more)
Official Virginia Resources
- Virginia Division of Child Support Enforcement (DCSE)
- Virginia Courts Self-Help — Custody, Visitation & Support
- Virginia Courts Self-Help — Divorce
Additional Virginia Resources
For more about how we research our guides, see our editorial policy and sources methodology.
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Official Virginia Resources
Statute reference: Va. Code §§ 20-108.1
Detailed Support Data for Virginia
Child Support
- Actual monetary support for other family members or former family members
- Arrangements regarding custody of the children
- Imputed income to a voluntarily unemployed or underemployed party
- Debts of either party arising during the marriage for the benefit of the child
- Direct payments ordered by the court for health care coverage or education
- Extraordinary capital gains or losses
Alimony / Spousal Support
- Periodic support (durational)
- Lump sum support
- Rehabilitative support
- Transitional support
- Permanent support
- Obligations, needs, and financial resources of the parties
- Standard of living during the marriage
- Duration of the marriage
- Contributions, monetary and nonmonetary, to the family
- Property interests of the parties
- Earning capacity and employability
- Age and condition of the parties
- Marital misconduct
Enforcement
- Income withholding
- Tax refund intercept
- License suspension (driver, professional, recreational)
- Contempt of court
- Property liens
- Passport denial
References
Common Questions About Support in Virginia
What child support model does Virginia use?
How does shared custody affect child support in Virginia?
Until what age does child support last in Virginia?
Can fault affect spousal support in Virginia?
How does Virginia's shared custody formula actually work?
Can the court impute income to a voluntarily unemployed parent in Virginia?
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Last updated: March 2026. This guide summarizes general legal information based on publicly available sources and is provided for educational purposes only. It does not constitute legal advice. For advice specific to your situation, consult a licensed attorney in your state.
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