Understanding guideline calculations, custody impact, deviations, and mediation flexibility under Virginia law

---

Quick Reference (TL;DR)

Starting Point: Virginia uses statutory child support guidelines under Virginia Code § 20-108.2, based primarily on gross income, number of children, and custody arrangement.

Big Factor: The number of parenting days matters — if both parents have more than 90 days per year, Virginia uses the shared custody formula, and the support calculation can vary based on the exact number of parenting days exercised.

Guideline Formula: Combined gross income → statutory table amount → divided proportionally between parents.

Mediation Flexibility: Parents may (1) adopt the guideline amount, (2) agree to a different monthly payment, (3) share child-related expenses instead of a traditional monthly payment, or (4) combine a base monthly support amount with shared expenses.

While courts presume the guideline amount correct, mediation provides parents the opportunity to create child-focused arrangements beyond rigid formulas.

---

Child Support Prerequisites in Virginia

Before calculating support, ensure these foundational requirements are present:

✅ Legal parent-child relationship established
✅ Virginia has jurisdiction (child resides in Virginia or has a sufficient legal connection)
✅ Income information available for both parents
✅ Custody or parenting schedule reasonably established

With these elements, the statutory framework applies, but mediation allows for thoughtful flexibility.

---

Meet Our Child Support Mediation Team

Jonathan L. Kales (Virginia Supreme Court Certified Family Mediator since 2005, Virginia family law attorney since 2000) and Amy Kales (Virginia family law attorney since 2003) co-lead Kales & Kales, PLC in helping Northern Virginia families resolve child support and other parenting-related matters through divorce mediation.

As a co-mediation team, Jonathan and Amy guide parents collaboratively, combining legal expertise with mediation experience to create child-centered, practical agreements. While Jonathan also works in collaborative divorce, Amy focuses exclusively on mediation, ensuring that parents have a dedicated neutral advocate for structured, fair negotiations.

---

How Child Support Is Calculated in Virginia

Virginia child support is governed by Virginia Code § 20-108.2. The calculation follows a structured three-step process:

Step 1: Determine Each Parent’s Gross Monthly Income

Gross income may include:

• Salary, wages, bonuses, and commissions

• Self-employment income

• Rental or investment income

• Severance pay

• Certain retirement or disability benefits

For business owners or self-employed parents, accurate income analysis can require careful review of tax returns and financial statements.

---

Step 2: Combine Incomes and Apply the Statutory Table

The combined gross income is matched to a statutory schedule based on the number of children, producing a total child support obligation. Each parent is responsible for their proportional share of that total.

---

Step 3: Adjust for Custody Arrangement

Virginia distinguishes between:

Sole / Primary Custody

If one parent has fewer than 90 days per year, the standard (sole custody) formula applies.

Shared Custody

If each parent has 90+ days per year, Virginia uses the shared custody formula. The support calculation can vary depending on the exact number of parenting days exercised.

Even small differences in parenting time can have a meaningful effect on the guideline calculation. Mediation allows parents to discuss custody and support together, creating arrangements that reflect their practical realities.

---

Child Support Calculation Overview (Simplified)

---

Deviation from the Guidelines

While the guideline amount is presumed correct, courts may deviate if the formula would be unjust or inappropriate. Factors that may justify deviation include:

• Child’s special medical or educational needs

• Imputed income for a voluntarily under- or unemployed parent

• High travel expenses related to visitation

• Support obligations for other children

In mediation, parents can evaluate these factors collaboratively and create agreements that meet the children’s needs without resorting to litigation.

---

TL;DR – Child Support Calculation & Mediation Options

Note: This chart simplifies key decision points. Exact amounts depend on income, parenting days, and any mutually agreed deviations. Mediation gives parents control to create agreements tailored to their children’s needs.

---

Mediation Flexibility: Four Approaches

Unlike litigation, mediation provides families flexibility to craft child support arrangements tailored to their circumstances. At Kales & Kales, parents often explore:

1️⃣ Adopt the Guideline Amount

Choosing the statutory calculation provides predictability and mirrors what a court would likely order.

2️⃣ Agree to a Different Monthly Amount

Parents may negotiate a monthly support amount above or below the guideline based on income fluctuations, property division, or other financial considerations.

3️⃣ Share Child-Related Expenses

Instead of a fixed monthly payment, parents may agree to share actual child-related costs such as:

• Extracurricular activities

• School fees and camps

• Clothing and technology

• Unreimbursed medical expenses

This approach can reduce tension and keep payments directly aligned with children’s needs.

4️⃣ Hybrid Approach: Monthly Support + Shared Expenses

Many families combine a base monthly payment (often near guideline) with proportional sharing of specific child-related expenses. This blended structure provides stability while addressing real-world child expenses.

Mediation allows these decisions to be made thoughtfully, with both parents actively shaping the solution.

---

Modification of Child Support

Child support is modifiable if a material change in circumstances occurs, including:

• Significant income changes

• Custody or parenting schedule adjustments

• Changes in childcare or insurance costs

Minor income fluctuations alone rarely justify modification. Mediation offers an efficient venue to revisit agreements and update them collaboratively.

---

Enforcement Considerations

Nonpayment of child support can trigger:

• Wage withholding

• Tax refund interception

• License suspension

• Contempt proceedings

Addressing disagreements early through mediation often avoids escalation and preserves co-parenting relationships.

---

How Kales & Kales Approaches Child Support in Mediation

Jonathan and Amy Kales use a co-mediation model to guide families through complex financial discussions:

Balanced Dialogue

Two neutrals facilitate conversation, ensuring each parent is heard and discussions remain productive.

Clear Education

Parents receive step-by-step guidance on Virginia’s guideline framework, enabling informed decisions about adopting, modifying, or combining support structures.

Durable Drafting

Agreements clarify:

• Monthly support

• Health insurance responsibility

• Unreimbursed medical expenses

• Childcare allocation

Precision in drafting reduces future conflicts and aligns with both parents’ practical realities.

---

When Mediation May Not Be Appropriate

Some situations require litigation or collaborative divorce with full legal teams, including:

• Domestic violence or coercive control

• Hidden assets or income concealment

• Severe power imbalance

• Refusal to disclose financial information

Mediation is highly effective in most cases but not all.

---

Frequently Asked Questions About Virginia Child Support

Is child support automatic?
No. It requires a court order or written agreement.

Can parents agree to no child support?
Yes, parents may agree to waive child support, but either parent can still pursue a modification if a material change in circumstances occurs, such as:

• Significant income changes

• Custody or parenting schedule adjustments

• Changes in childcare or insurance costs

Minor income fluctuations alone rarely justify modification. Mediation provides a venue to update agreements collaboratively when circumstances change.

Does shared custody eliminate child support?
Not necessarily; the formula adjusts to parenting time.

Can child support be non-modifiable?
Generally not; support is considered a child’s right and remains modifiable.

---

Why Work with Child Support Lawyers Focused on Resolution?

Child support shapes long-term financial stability. The process used to resolve it matters.

At Kales & Kales, PLC, Northern Virginia parents work with Jonathan and Amy Kales through:

• Divorce mediation — confidential, structured negotiation

• Collaborative divorce — settlement-focused representation without litigation

With offices in Fairfax, Arlington, and Tysons Corner, the firm serves families seeking clear, durable, child-centered arrangements.

---

Next Steps

Child support is about more than formulas — it’s about creating a framework that supports children across households. Contact Kales & Kales, PLC to explore how mediation or collaborative divorce can help your family reach fair, sustainable, and practical child support agreements.

---

Disclaimer: This article provides general information about Virginia child support law as of February 2026. It is not legal advice. Determinations depend on your specific circumstances; consult a qualified Virginia family law attorney before making decisions.