Protecting What Matters Most

Child support in Virginia is calculated using the child support guidelines outlined in Virginia Code § 20-108.2. Sole guidelines are calculated when one parent has physical custody of the child for 90 days or less annually, and shared guidelines are calculated when both parents have physical custody of the child for 91 days or more annually. Both sets of guidelines are generally calculated using each parent’s gross monthly incomes, monthly work-related childcare costs for the child(ren), and monthly medical, dental, and vision insurance costs for the child(ren). Depending on the individual facts of each case, such expenses may not be included, or other expenses may be added to, the guidelines calculation.

Legal custody refers to the right to make legal decisions, such as educational, medical, religious, etc., for a minor child. Physical custody refers to where the minor child resides. One parent may have primary or sole physical custody, with the other parenting having scheduled parenting time, or both parents may share physical custody of the minor child.

A motion to amend a custody, visitation, or support order can be filed to change it. The party filing the motion must prove that a material change in circumstance has occurred, meaning something significant must have happened since the entry of the last order.

Grandparents or other relatives of a minor child may be considered “persons with a legitimate interest” and thus may be able to seek custody of the minor child, depending on the individual facts of the case.