Child Support
Va. Code 20-108.2 — the guideline amount is presumed correct, and support can run to 19 for a high school student
In any court or administrative child support case, including split and shared custody, the amount the guidelines produce is presumed to be the correct amount. To depart from it, the court makes written findings that applying the guidelines would be unjust or inappropriate in that case. The Department of Social Services sets support at the guideline amount.
Who handles this in Virginia: legal aid programs and the state offices, listed in the Virginia directory.
The basic obligation comes from a schedule based on the parents' combined monthly gross income, and there is a presumptive minimum monthly obligation unless an exemption applies. Where the paying parent's gross income is 150 percent of the federal poverty level or less, the court may set support below that minimum on evidence of no ability to pay, as long as it does not seriously impair the custodial parent's ability to keep minimal adequate housing and provide basic necessities for the child.
More than 90 days a year with the child. Where a parent has custody or visitation for more than 90 days of the year, support is calculated on a shared custody formula, based on the ratio in which the parents share the child's time. If a parent consistently does not use the time the award was based on, the award is presumed to need modifying.
The court orders support to continue for a child over 18 who is a full time high school student, not self supporting, and living in the home of the parent seeking or receiving support, until the child reaches 19 or graduates, whichever comes first. It may also order support for a child over 18 with a severe and permanent disability that began before the child reached 18.
The schedule, the income definitions and the adjustments for health care and child care fill most of the section. How they apply to a particular household are questions for a licensed Virginia attorney.
Sources for this section (2)
- Va. Code 20-108.2 — Guideline for determination of child support
- Va. Code 20-124.2 — Court-ordered custody and visitation arrangements
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.