When parents separate or divorce, few issues feel more urgent — or more confusing — than child support. How much will be paid? For how long? What happens if circumstances change? Whether you’re just beginning the process or revisiting an existing arrangement, understanding Virginia’s child support laws can feel overwhelming. This guide breaks down the most frequently asked questions so you can approach the process with clarity and confidence and make informed decisions that protect your child’s future.
How is child support calculated in Virginia?
Child support is calculated in Virginia using a formula based on parental income, spousal support received/paid, childcare costs, and health insurance costs. The court also considers the time a child spends with each parent.
How long am I or my spouse required to pay child support?
In most cases, child support in Virginia continues until your child turns eighteen unless they are a full-time high school student who is still living at home and not self-supporting. In that case, child support continues until the child turns nineteen or graduates from high school, whichever occurs first. Virginia Code 20-124.2.
What happens if my spouse or I do not pay child support?
The Department of Child Support Enforcement ensures child support is paid and has many penalties for non-payment. Examples of financial penalties include wage garnishment or withholding of government benefits. There are also personal penalties, such as suspending your driver’s license, and criminal penalties, such as contempt of court or jail time. However, if there is a change in circumstances preventing you or your spouse from paying child support, a parent can request a modification in child support to avoid these penalties.
Can child support be modified?
Yes. If either parent’s income changes, a custody arrangement changes, or a child’s needs increase, you can request a child support modification, and a court will review your request and consider the change in circumstances to determine if child support needs to be recalculated. However, the unexpected change in circumstances cannot be due to your own fault. For example, you cannot quit your job and expect the court to lower child support.
Does remarriage affect child support in Virginia?
Usually, no. A new spouse’s income does not affect a child support calculation. However, if the marriage changes the custody arrangement or household expenses, it may affect child support indirectly.
Are college expenses included as part of child support?
Virginia does not require parents to pay for college. However, parents can agree to share the costs for higher education in an agreement, and the court can enforce that agreement in an order.
How does child support work if my child has a disability?
Virginia law allows for a court to order that child support be paid for a child over eighteen who has a severe or permanent disability, is unable to live independently and support themselves, and lives in the home of the parent seeking child support. Virginia Code 20-124.2.
Is child support taxable income in Virginia?
No. Child support payments are excluded from the receiving parent’s gross income (and they are not tax deductible by the paying parent).
Child Support in Virginia
Child support questions don’t have to be overwhelming. The attorneys at Cooper Ginsberg Gray are ready to guide you through every step of the process — contact us today to schedule a consultation by calling (703) 934-1480 or visiting www.cgglawyers.com.
