How Is Child Support Calculated and Custody Decided in a Virginia Divorce?
Child support in Virginia is a formula. You plug in the numbers and it tells you the amount. Custody and visitation decisions work differently, using a set of best interest factors that put the child at the center of every decision.
Attorney Shameka L. Rhoades of Trustice Law Group explains how both processes work and what parents need to know. In this segment from ABC’s Showcase Richmond, Shameka covers:
– How Virginia calculates child support using gross income, health insurance, and child care costs
– The best interest of the child factors courts use for custody and visitation decisions
– Why facilitating the other parent’s relationship with the child is one of the most important factors
– Whether parents can agree on their own custody and visitation and child support arrangements
– What a show cause action is and what happens when a parent does not follow the order
Watch the full segment below:
How Child Support Is Calculated in Virginia
Shameka compares it to a tax form, and she is right. Virginia uses a statutory formula to calculate child support. You fill in each parent’s gross monthly income, the cost of health insurance premiums for the child or children, and any work-related child care expenses.
The formula then produces a support amount based on combined income, and each parent’s share is calculated as a percentage. As Shameka puts it: “We plug the numbers in and the computer spits us back out what the amount is.” Learn more about custody, visitation, and child support in Virginia.
The formula does not leave much room for argument. The inputs determine the output. That is why having accurate income documentation matters so much.
What Courts Look at for Custody and Visitation
Custody and visitation decisions work differently. There is no formula. Instead, Virginia courts apply the best interest of the child factors.
Courts look at the child’s age, each parent’s age, everyone’s mental and physical health, what each parent is providing for the child’s needs, including intellectual, emotional, and medical needs, and whether there has been any family violence.
There is also a catch-all provision that allows the court to consider basically anything else it finds relevant.
The Factor That Matters More Than You Think
One factor stands out in Shameka’s explanation, and it is the one she tells every client about: whether each parent is facilitating a relationship between the other parent and the child.
Courts pay close attention to this. A parent who withholds the child, who badmouths the other parent, or who makes it difficult for the child to have a relationship with the other parent is working against one of the court’s highest priorities.
As Shameka says: “Don’t withhold the child, because that is something the court is going to look at.”
Can Parents Agree on Their Own?
Yes. And courts prefer it.
Shameka references something judges say directly: “You don’t want me as a stranger to decide when you all should see your children.” Parents can work together, with or without attorneys, to agree on a custody and visitation schedule and child support amount. They put that agreement in writing, sign it, and present it to the court.
When parents agree, the process is faster, less expensive, and gives both parties more control over the outcome.
What Happens When a Parent Does Not Follow the Order
If one parent refuses to follow the custody and visitation or child support agreement, the other parent can go to court and file a show cause action. The judge orders the non-compliant parent to appear and explain why they are not following the order.
Courts take violations seriously. The consequences depend on the nature of the violation, but the court has the authority to enforce its orders. Learn more about your options under Virginia family law.
Trustice Law Group: Virginia Family Law Attorneys Who Help Parents Through Custody and Support
At Trustice Law Group, we help parents across Virginia understand how custody and visitation and child support decisions are made, what the court is looking for, and how to present the strongest case for their children. We are a female-owned Virginia family law firm.
Real Law. Real Talk. Real Options.
Request a consultation or call us at 804-593-0788.
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FAQs
Is child support always based on a formula in Virginia?
Yes. Virginia uses a statutory formula based on both parents’ gross monthly income, health insurance premiums for the children, and work-related child care costs. The formula determines each parent’s share.
Can parents agree to a different child support amount?
Parents can agree on a support amount, but the court reviews the agreement to make sure it is adequate for the child’s needs. If the agreed amount is significantly below what the guidelines would produce, the court may not approve it.
What is a show cause action in Virginia?
A show cause action is filed when one parent is not following a court order related to custody and visitation or child support. The court orders the non-compliant parent to appear and explain why they have not followed the order.
What does the court consider most important in custody and visitation decisions?
The child’s best interests. Specifically, Virginia courts evaluate factors including each parent’s relationship with the child, ability to meet the child’s needs, willingness to support the child’s relationship with the other parent, and any history of family violence.