Support in Virginia

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 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).