Understanding Child Support Guidelines in Virginia

Ideally, separating parents of a minor child will reach an agreement as to the amount of child support to be paid by the non-custodial parent. If they are unable to agree on their own, the custodial parent may petition the Court to determine the amount under Virginia’s Child Support Guidelines. These guidelines are a mathematical formula established under the Virginia Code that take into account: 

• each parent’s income;
• whether either parent supports other children from prior marriages;
• day care expenses and health care costs.

Note that income refers to salaries, wages, commissions, bonuses, dividends, severance pay, and pensions. Additionally, unemployed parents may also have a calculated income, such as from Social Security, workers’ compensation, disability, and unemployment benefits. Spousal support and lottery winnings also count as income for the purposes of calculating child support.

Local courts in Virginia Beach, including the Juvenile & Domestic Relations District Court, evaluate these guidelines in every case. Parents may need to provide proof of current employment, tax returns, and records for all sources of income that fall under the guideline categories. With Virginia Beach's large military population, courts may factor in Basic Allowance for Housing (BAH) and other military benefits as part of support calculations when a parent serves in the armed forces. Providing thorough financial documentation can streamline the process and prevent delays when you go before a child support lawyer in Virginia Beach for a review or calculation.

In some cases, based on extraordinary circumstances, the judge may “deviate” from the guidelines and order an amount of child support different from that established under the guidelines.

Modifying Child Support

The amount of child support set by a judge may go up or down if a “material change of circumstances” occurs. If circumstances—like a parent’s income—change, you should consult a child support attorney in Virginia Beach to determine whether the court may alter the amount. The court can adjust support in ways that benefit or disadvantage either parent, depending on the facts.

Virginia Beach families often experience changes in jobs, relocation due to military service, or evolving needs as children grow. Any of these adjustments can affect child support orders, so prompt legal advice can help you manage updates efficiently. Our team at Edge Law, P.C. helps you understand which changes qualify for a modification petition and provides guidance throughout the process in the local court system. Military families frequently face challenges such as deployments or changes in duty station, which can alter financial responsibilities. Staying current and organized with documentation can help you address changes and prevent complications in the process.

How Virginia Courts Enforce Child Support Orders

Virginia courts expect parents to follow child support orders and may impose legal measures when payments fall behind. The Division of Child Support Enforcement (DCSE) offers resources to families in Virginia Beach. Courts may use income withholding, property liens, intercepted tax refunds, or license suspensions to collect overdue support and ensure children receive what they need.

In Virginia Beach, judges consider the details of each enforcement case before deciding on the right method. Since family situations vary, courts look at intent, payment history, and a parent’s current finances. Working with a knowledgeable child support lawyer in Virginia Beach helps you understand how courts and the DCSE use these tools. Maintaining open communication can help the process move more smoothly and help protect your parental rights.

FAQs

How long do child support orders usually last in Virginia?

Child support typically continues until the child turns 18 or graduates high school, whichever occurs later. It can end sooner or extend in certain circumstances, such as disability. Courts follow Virginia statutes when setting the duration.

Can a parent ask for child support if they never married in Virginia?

Yes. Either parent can request child support, regardless of marital status, by filing a petition with the court. The court uses the same guidelines to determine support for all children.

Does the military status of a parent affect child support in Virginia Beach?

Military pay and allowances may be counted in the support calculation, and deployments or reassignments can create special timing or income issues. Virginia courts consider all income sources, including military benefits, when reviewing or updating support orders.