Child Support

Most disagreements over child support are about what goes into the formula: whose income counts and how much, how many days the child spends with each parent, and which costs are added on top. First Point Law Group has served individuals and families from Fairfax since 2004, and our Fairfax family law attorneys help parents set, change and enforce child support in the J&DR and Circuit Courts of Northern Virginia.

How Virginia Calculates Child Support

Virginia's guideline is built on what is called the income shares model. The idea is that a child should receive the share of the parents' income the child would have received if the family lived together. The calculation follows § 20-108.2:

1. Add both parents' monthly gross incomes. Gross income is income before taxes, with the adjustments described below.
2. Find the basic obligation in the schedule. The statute lists a monthly amount for each level of combined income and for one to six children.
3. Add health care coverage and work-related child care. These costs go on top of the basic amount.
4. Divide the total by income. Each parent's share matches that parent's percentage of the combined income. The parent the child mainly lives with is presumed to spend their share directly on the child. The other parent pays their share as child support.

The 2025 Schedule Update

A 2025 law (2025 Acts of Assembly, chapter 702) raised the schedule amounts at every income level and extended the schedule from $35,000 to $42,500 of combined monthly income. It took effect July 1, 2025. Above $42,500, the court adds a percentage of the income over that level, from 2.6% for one child to 5.0% for six children. At the low end, the schedule starts at $68 a month for one child when combined income is $350 a month or less.

An existing order does not change on its own when the schedule changes. It stays in effect until a court, or the Division of Child Support Enforcement for its cases, enters a new one.

An Illustration

This example only shows the arithmetic. It is not a prediction for any case. Suppose one parent earns $6,000 a month gross and the other earns $4,000, for a combined $10,000. They have one child, who lives mainly with the parent earning $4,000, and there are no health insurance or child care costs to add.

• The schedule amount for $10,000 and one child is $1,251 a month.
• The parent earning $6,000 has 60% of the combined income, so that parent's share is about $751 a month, paid as child support.
• The other parent's 40% share, about $500, is presumed to be spent directly on the child.

What Counts as Income

Gross income means income from all sources (§ 20-108.2(C)). That includes wages and salaries, bonuses, commissions, severance pay, pensions, interest, dividends, capital gains, rental income, Social Security, workers' compensation, unemployment, disability and veterans' benefits, gifts and prizes.

• Not counted: public assistance benefits, federal Supplemental Security Income (SSI) and child support received.
• Business and rental income: reasonable business and rental expenses are deducted, and so is one-half of any self-employment tax paid.
• Spousal support: spousal support paid under a court order or written agreement is deducted from the payer's income and counted in the receiver's.
• Other children: support a parent actually pays under an order for other children is deducted, and a deduction is presumed for other children who live in a parent's household.

When a Parent Is Not Working to Their Ability

A judge can impute income, meaning count income a parent could earn but chooses not to (§ 20-108.1(B)(3)). The court looks at whether the parent's employment decisions were made in good faith and were reasonable, including a decision to go back to school. Income is not imputed to a custodial parent whose child is not yet in school when child care is not available and its cost is not included in the calculation. A parent incarcerated for 180 consecutive days or more is not treated as voluntarily unemployed.

Health Insurance, Medical Costs and Child Care

• Health, dental and vision coverage: the cost of covering the child, paid by a parent or that parent's spouse, is added to the basic obligation (§ 20-108.2(E)). When the paying parent covers the child, that parent's payment is reduced by the cost.
• Uncovered medical and dental costs: parents split reasonable and necessary unreimbursed costs in proportion to their incomes, as the costs come up (§ 20-108.2(D)). That includes eyeglasses, prescriptions, orthodontics and mental health services. These are paid separately from the monthly amount.
• Child care: work-related child care is added, up to the amount needed for quality care from a licensed provider (§ 20-108.2(F)).

Shared and Split Custody

When each parent has the child for more than 90 days a year, the court uses a shared custody calculation (§ 20-108.2(G)(3)). A day means a 24-hour period, and an overnight shorter than that can count as half a day for each parent. The basic obligation is multiplied by 1.4 to reflect the cost of keeping two homes. Each parent's share is then figured from both the time split and the income split, and the two amounts are netted against each other. If a parent shows that the sole custody amount would be lower than the shared result, the lower amount applies.

When each parent has primary custody of at least one of the children, the court uses split custody: it figures each parent's obligation, and the parent who owes more pays the difference.

Because the count of days changes the formula, a schedule close to 90 days a year deserves a careful look before anything is signed. Our guide to custody cases explains how Fairfax courts decide the schedule itself.

When a Judge Can Order a Different Amount

The guideline amount is presumed correct, but the presumption can be rebutted (§ 20-108.1(B)). A judge who orders a different amount must state in writing what the guideline amount would have been and why the order differs. The factors the court can weigh include:

• Custody arrangements and the cost of travel for visitation.
• Imputed income.
• Debts from the marriage that benefited the child.
• Direct payments the court orders, such as life insurance or education costs.
• The child's special needs and the child's own resources.
• Each parent's earning capacity and needs.
• Tax consequences, including who claims the child.
• A written agreement between the parents that sets the amount.

Parents can agree to an amount different from the guideline. When that agreement goes into a court order, the order still has to show the guideline amount and the reason for the difference. Our guide to separation agreements covers how support terms fit into a written agreement.

Where to Ask for Child Support

• The J&DR court, with no divorce: parents who are separated or were never married can file a petition in the Juvenile and Domestic Relations District Court, called the J&DR court (§ 16.1-241).
• The Circuit Court, in a divorce: the court handling the divorce decides child support along with the other issues (§ 20-107.2). Once a divorce is filed and the Circuit Court sets a support hearing within 21 days, the J&DR court can no longer decide support (§ 16.1-244). Our guide to an uncontested divorce shows how support fits into an agreed case.
• The Division of Child Support Enforcement (DCSE): this division of the Virginia Department of Social Services can set support in an administrative order, using the same guideline. An administrative order has the same force as a court order, but a later court order replaces it (§ 63.2-1915). DCSE also collects and enforces support.

Starting a Case in Fairfax or Prince William

In Fairfax, a J&DR support case starts with an intake appointment at the court's Domestic Relations Services office, 4110 Chain Bridge Road, Suite 202, Fairfax. Call 703-246-3040 for an appointment. An intake officer prepares the petition with you, and the court's FAQ says there is no charge to file a child support petition.

In Prince William County, the J&DR court is at 9311 Lee Avenue in Manassas. Petitions start with an intake appointment through the 31st District Court Service Unit, which has offices in Manassas and Woodbridge.

When Support Starts and Ends

• Start: a court order generally reaches back to the date the case was filed, as long as the parent who filed made a diligent effort to serve the other parent (§ 20-108.1(B)). Waiting to file can mean months of support that cannot be recovered.
• Age 18 or 19: support continues past 18 for a child who is a full-time high school student, not self-supporting and living at home with the parent receiving support, until the child turns 19 or graduates, whichever comes first (§ 20-124.2(C)).
• A disabled adult child: the court can order support to continue for a child who is severely and permanently disabled, when the disability began before 18 (or 19 for a high school student), the child cannot live independently and the child lives with the parent seeking support.
• College: the law does not require support to continue for college, but parents can agree to it, and the court can confirm their agreement (§ 20-124.2(C)).

Changing a Child Support Order

Either parent can ask the court to change an order when circumstances change, such as a job loss, a significant change in income, a change in the custody schedule, or new child care or health insurance costs (§ 20-108). A few rules decide how much a change is worth:

• A change reaches back only to the date the other parent received notice of the petition. The court cannot reduce support that was already due, so file promptly when your income drops (§ 20-108).
• Keep paying the current order until it is changed. An informal agreement between parents generally does not change what the order requires.
• DCSE reviews. In cases DCSE handles, either parent can ask for a review once every three years, or sooner with a documented change. A recalculated amount that differs from the current one by at least 10%, and by at least $25 a month, is presumed to be a material change (§ 63.2-1921).
• Incarceration. Incarceration for 180 consecutive days or more is treated as a material change, not as voluntary unemployment (§ 20-108.1(B)(3)).

If your order was entered before July 1, 2025, a recalculation under the current schedule may come out differently. Whether that supports a change depends on the full picture, including both parents' current incomes and the custody schedule.

When Support Is Not Paid

Each missed payment becomes a judgment by operation of law (§ 16.1-278.15(C)), and unpaid support can carry interest at the judgment rate, currently 6% a year (§ 20-78.2). The tools for collecting include:

• Income withholding: an order to the paying parent's employer to send support directly from wages (§ 20-79.1).
• License suspension: a driver's license can be suspended, after notice, when a parent is 90 days or $5,000 behind (§ 46.2-320.1). Professional, occupational and recreational licenses can be suspended too (§ 63.2-1937).
• Passport denial: the State Department denies passports to parents who owe more than $2,500 in back support (42 U.S.C. 652(k)).
• Show cause and contempt: the court can order the parent to appear and explain the nonpayment, and a parent found in contempt can face up to 12 months in jail (§ 16.1-278.16).
• Credit reporting of unpaid support (§ 63.2-1940).

If you are the parent who owes support and cannot pay, ask for a modification as soon as possible and keep records of your job search and income. Support and visitation are separate issues, so a missed payment is not a reason to deny a visit, and a denied visit is not a reason to stop paying. Our guide to denied visitation explains the remedies on that side.

Taxes and Immigration

Federal Income Taxes

Child support is not deductible for the parent who pays it and is not taxable income for the parent who receives it (IRS Publication 504). For federal tax purposes, the custodial parent is generally the parent the child lives with for more nights during the year. That parent can sign IRS Form 8332 to let the other parent claim the child tax credit. The form does not transfer the earned income credit, the child care credit or head of household status. A Virginia court can order a parent to sign the tax forms needed for the other parent to claim a child (§ 20-108.1(E)).

Child Support and U.S. Citizenship

For people applying to naturalize, a willful failure to support dependents during the required period of good moral character can lead to a denial, unless the applicant shows extenuating circumstances (8 CFR 316.10(b)(3)(i)). USCIS considers factors such as unemployment and the inability to pay, good-faith efforts to pay and whether arrears were miscalculated, and the duty to support applies even without a court order. If you have support arrears and plan to apply for citizenship, talk with us before you file. Our immigration team works alongside our family law attorneys when a case touches both.

What to Bring to a Consultation

• Any existing child support, custody or visitation order, and any separation agreement.
• Pay stubs, W-2s, 1099s and tax returns for the last two or three years, for both parents if you have them.
• Business records, if either parent is self-employed.
• The cost of health, dental and vision coverage for the child, and records of uncovered medical expenses.
• Child care receipts and the provider's name.
• The current custody and visitation schedule, or a calendar of the days the child spends with each parent.
• A record of payments made or missed, if support is already ordered.
• Court or DCSE papers you have received, with their dates.

How Our Family Law Team Helps

Lisa Benjamin, our lead family law attorney, and Katherine Martell, our managing partner, represent parents in family law cases in Fairfax and Northern Virginia courts. In a child support case, we:

1. Run the guideline. We prepare the guideline worksheet with you and check each number that goes into it, including income for self-employed parents, health coverage and child care.
2. Look at the days. When the schedule is close to 90 days a year, we look closely at how days are counted, because shared custody changes the calculation.
3. Negotiate an agreement. Many parents settle support in a separation agreement or a consent order. We make sure an agreed amount includes what the court needs to approve it.
4. Represent you in court. We present the evidence in the J&DR or Circuit Court, including evidence for or against imputed income or a different amount.
5. Change or enforce the order. When circumstances change or payments stop, we file to modify or enforce the order and explain the deadlines that matter.

We cannot promise an outcome. What we can do is show you how the guideline may apply to your case and what we need from you. Our firm explains its fees before you decide to hire us. Hablamos español.