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How Does Child Support Get Computed In Virginia?

How does child support get computed in Virginia?
Virginia Code §20-108.1 describes the formula for computing child support. The formula works a little bit like a tax table. It tries to make the court’s job easier by setting the level of payment required of the “non-custodial” parent and figure in all hardships and extenuating circumstances that might require greater support.

The first step is to add up the total income of both parents. Plot this total income on the statutory chart. The paying parent’s child support payments will be the ratio of his monthly income to the combined incomes multiplied by the dollar amount shown on the chart.

This figure can be adjusted up or down by a showing that other circumstances exist that should affect the level of payment. Often, the types of circumstances that the court will take into account are the support of other children or family members, debts of either party incurred for the benefit of the child, agreements between parties, or imputed income to a party who is voluntarily unemployed.

Can I Change My Child Support Payments?
The above formula sets the “baseline” for the child support payment, but your needs might change over time. If this happens, then either party may make a motion in court to move the baseline up or down after the court has entered its decision. You would do this any time something came up years later that required greater payment levels. The most prevalent reason for such a motion is a change in the child’s medical needs. To do this, you must show that the financial circumstances have undergone a significant change and that the payments fixed by the court are no longer fair.

Can Child Support be Automatically Deducted from my Paycheck?
Virginia Code does give the Juvenile Domestic Court the power to automatically deduct child support from your paycheck. If this happens, the money will be automatically sent to the Virginia Department of Social Services, who will then give it to the custodial parent.

The Circuit Court who enters the divorce does not have the power to set this automatic deduction up. In order to receive the automatic deduction, you must make a motion before the Juvenile Domestic Court to enforce payment, and the divorce decree will be modified.

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