Quick Reference

Starting point: Virginia calculates child support under Code Section 20-108.2, using gross income, number of children, and custody arrangement.

Shared custody threshold: When both parents have 90 or more parenting days per year, the shared custody formula applies.

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

Mediation advantage: Parents may adopt the guideline, agree to a different amount, share child-related expenses directly, or use a hybrid of both. Then, the attorney-mediators at Kales & Kales draft a legally binding, court-enforceable agreement for you.

Child Support Prerequisites in Virginia

Before calculating support, the following must be established:

  • Legal parent-child relationship confirmed
  • Virginia has jurisdiction
  • Gross income information available for both parents
  • Health insurance and work related childcare costs for the child(ren)
  • Custody or parenting schedule established

With these elements in place, the statutory framework may be applied — but mediation allows for thoughtful flexibility beyond the default formula.

Your 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. They guide Northern Virginia families through child support and parenting-related matters through divorce mediation and collaborative divorce.

As a co-mediation team, Jonathan and Amy combine legal expertise with mediation experience to create child-centered, practical agreements. Amy focuses exclusively on mediation; Jonathan also practices collaborative divorce.

How Child Support Is Calculated in Virginia

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

1

Determine Each Parent’s Gross Monthly Income

Gross income includes salary, wages, bonuses, commissions, self-employment income, rental income, dividends, severance pay, and certain retirement or disability benefits. Virginia courts may also impute income to a parent who is voluntarily unemployed or underemployed below their earning capacity.

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 then responsible for their proportional share of that total. Health insurance premiums and work-related childcare costs paid by either parent are added to the base obligation before the proportional split.

3

Adjust for Custody Arrangement

Virginia distinguishes between two formulas based on parenting time:

Sole / Primary Custody: If the non-custodial parent has fewer than 90 days per year, the standard formula applies.

Shared Custody: When each parent exercises 90 or more parenting days per year, Virginia uses the shared custody formula under Code Section 20-108.2. A day is when a child is with a parent for a continuous 24-hour period. A half-day day is when a child is with a parent overnight, but for less than 24 hours.

Mediation allows parents to discuss custody and support together, creating arrangements that reflect their practical realities rather than treating them as separate calculations.

Calculation Overview

Factor Sole Custody Shared Custody Strategic Impact
Parenting Time <90 days (non-custodial) 90+ days each parent Exact day count affects formula
Income Basis Gross monthly income Gross monthly income Accurate disclosure is critical
Health Insurance Added to obligation Divided proportionally Allocation is negotiable in mediation
Childcare Costs Work-related only Work-related; split proportionally Both parents’ costs factor in
Court Presumption Guideline presumed correct Guideline presumed correct Courts may deviate if justified

Deviation from the Virginia Child Support Guidelines

While the guideline amount is presumed correct, courts may deviate when applying it would be unjust or inappropriate. Factors that can support deviation include:

  • A child’s special medical or educational needs
  • Imputed income for a voluntarily underemployed parent
  • Significant travel expenses related to visitation
  • Support obligations for other children from a prior relationship
  • Relative assets and earning capacities of each parent

In mediation, parents can evaluate these factors collaboratively and agree to amounts above or below the guideline or even ignore the guideline altogether.

Four Mediation Approaches to Child Support

Unlike litigation, mediation gives families flexibility to craft child support arrangements tailored to their circumstances. At Kales & Kales, parents typically explore one of four approaches:

①

Adopt the Guideline Amount

Choose the statutory calculation for predictability. This mirrors what a court would likely order and simplifies future modification discussions.

②

Negotiate a Different Monthly Amount

Parents may agree to a monthly amount above or below the guideline based on income fluctuations, property division, or other financial factors specific to their situation.

③

Share Child-Related Expenses Directly

Instead of a fixed monthly payment, parents share actual child-related costs — extracurriculars, school fees, clothing, unreimbursed medical expenses — as they arise. This keeps payments tied directly to children’s needs.

④

Hybrid: Base Payment + Shared Expenses

Many families use a base monthly payment combined with proportional sharing of specific child-related costs. This structure provides stability while addressing real-world expenses.

Modifying Child Support in Virginia

Either parent may petition the court for a modification when there has been a material change in circumstances since the last order. Qualifying changes typically include:

  • A significant shift in either parent’s income
  • A change in the custody or parenting schedule
  • A change in the child’s health insurance or childcare costs

Minor or temporary income fluctuations alone do not generally meet the material change standard. Parents who reach an updated agreement through mediation must still submit a consent order to the court.

Mediation is an efficient venue to revisit and update agreements collaboratively, without returning to adversarial proceedings.

Enforcement: What Happens if Support Goes Unpaid

Nonpayment of court-ordered child support can trigger several enforcement actions under Virginia law:

  • Wage withholding directly from the paying parent’s employer
  • Federal and state tax refund interception
  • Driver’s license suspension
  • Suspension of professional or recreational licenses after 90 days of nonpayment, or when the arrearage exceeds $5,000
  • Contempt proceedings, which can result in incarceration

Unpaid support also accrues interest. Addressing disagreements early through mediation often avoids escalation and preserves the co-parenting relationship.

When Mediation May Not Be Appropriate

Some situations may require litigation, including:

  • Domestic violence or coercive control
  • Hidden assets or income concealment
  • Severe power imbalance between the parties
  • Refusal to disclose financial information

Frequently Asked Questions About Virginia Child Support

Is child support automatic?
No. Child support requires a court order or a written agreement submitted to the court as a consent order. Without a court order, a Virginia court has no power to enforce the parents’ arrangement.

Can parents agree to no child support?
Yes. Parents may waive child support by agreement, but either parent can later petition the court for modification if a material change in circumstances occurs — such as a significant income change, a new parenting schedule, or a change in childcare or insurance costs. Minor income fluctuations alone rarely meet this standard.

Does shared custody eliminate child support?
Not necessarily. Shared custody triggers the shared custody formula under Code Section 20-108.2, which adjusts the obligation based on parenting days and each parent’s income. It does not automatically eliminate a payment obligation.

Can child support be made non-modifiable?
No. Virginia courts treat child support as a right of the child, not the parents. It remains modifiable whenever a material change in circumstances warrants review, regardless of what the parents’ agreement says.

How do Virginia courts calculate child support?
Virginia courts uses a statutory formula under Code Section 20-108.2. Both parents’ gross monthly income is combined, applied to a statutory schedule based on number of children, and divided proportionally. Health insurance premiums and work-related childcare costs are added before the split. If each parent has 90 or more parenting days per year, the shared custody formula applies. A day is when a child is with a parent for a continuous 24-hour period. A half-day day is when a child is with a parent overnight, but for less than 24 hours.

What counts as income for Virginia child support purposes?
Gross income includes salary, wages, bonuses, commissions, self-employment income, rental income, dividends, severance pay, and certain disability or retirement benefits. Courts may impute income to a parent who is voluntarily unemployed or earning below their capacity.

What is the shared custody threshold in Virginia?
Virginia applies the shared custody formula when each parent exercises 90 or more days of parenting time per year under Code Section 20-108.2. A day is when a child is with a parent for a continuous 24-hour period. A half-day day is when a child is with a parent overnight, but for less than 24 hours.

Can a Virginia court deviate from the child support guidelines?
Yes. Courts may deviate if applying the guideline would be unjust or inappropriate. Qualifying factors include a child’s special medical or educational needs, significant travel costs for visitation, support obligations for other children, and the relative assets of each parent. In mediation, parents may voluntarily agree to amounts above or below the guideline and memorialize those terms in a consent order.

How do I modify a child support order in Virginia?
Either parent may petition the court for modification when there is a material change in circumstances — typically a significant income shift, a change in the parenting schedule, or a change in the child’s healthcare or childcare costs. Minor or temporary fluctuations generally do not qualify. Mediated modifications still require a consent order for court enforcement.

What are the penalties for not paying child support in Virginia?
Enforcement actions include wage withholding, tax refund interception, driver’s license suspension, and suspension of professional or recreational licenses after 90 days of nonpayment or when the arrearage exceeds $5,000. Unpaid amounts accrue interest. Contempt proceedings can result in incarceration.

Can attorney-mediators draft a legally binding child support agreement?
Yes. As Jonathan and Amy Kales are licensed Virginia family law attorneys as well as mediators, they can draft a legally binding separation agreement or child support addendum.

Until what age does child support continue in Virginia?
Generally until 18. Support extends to 19 or high school graduation — whichever comes first — if the child is a full-time high school student, not self-supporting, and living with the parent receiving support. For children who are severely and permanently disabled, support may continue into adulthood. Virginia Code Section 20-124.2 governs termination and extension of support obligations.

How Kales & Kales Approaches Child Support in Mediation

Balanced Dialogue

Two neutrals facilitate discussion, ensuring each parent is heard and that conversations hopefully stay productive — not adversarial.

Clear Education

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

Durable Drafting

As licensed attorneys, Jonathan and Amy draft agreements that specify monthly support, health insurance responsibility, unreimbursed medical expenses, and childcare allocation — reducing future conflicts.

Ready to Reach a Child Support Agreement?

Kales & Kales attorney-mediators guide Fairfax and Northern Virginia families through the full process — from guideline calculations to a court-enforceable agreement. Offices in Fairfax, Arlington, and Tysons Corner.

Disclaimer: This page provides general information about Virginia child support law as of 2026 and is not legal advice. Outcomes depend on your specific circumstances. Consult a qualified Virginia family law attorney before making decisions about your case.