Virginia uses an income shares model with a statutory schedule. Combined gross income is used up to a cap. Above the cap, excess percentages are applied by number of children. Each parent pays a pro rata share.
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Virginia calculates child support using the Income shares model with statutory schedule established under Va. Code § 20-108.2. This is a statutory formula that leaves limited room for judicial discretion on the base calculation amount, ensuring consistency and predictability for families across the state.
Basic obligation from statutory schedule. Each parent's share = pro rata based on income. Above $42,500/month combined, excess percentages applied.
The calculation begins with determining each parent's net disposable income, which includes virtually all sources of income minus taxes, mandatory payroll deductions, and certain hardship deductions. The court then applies the statutory formula using the time each parent has primary physical responsibility for the children and the applicable income allocation brackets.
Beyond the base formula amount, Virginiarequires additional contributions for mandatory add-on expenses. These typically include childcare costs necessary for the custodial parent's employment or education, uninsured healthcare expenses for the children, and in some cases, educational and travel costs. These add-ons are split between parents in proportion to their respective incomes.
Primary statute: Va. Code § 20-108.2
Combined gross income cap: $42,500/month ($510,000/year) — raised from $35,000 by 2025 SB 805.
Above cap: excess percentages: 1 child = 2.6%, 2 = 3.4%, 3 = 3.8%, 4 = 4.2%, 5 = 4.6%, 6 = 5.0%.
Approximate percentages: 1 = 15%, 2 = 22%, 3 = 26%, 4 = 29%, 5+ = 32%.
Health insurance and childcare added, split proportionally.
2025 SB 805 raised the combined income cap from $35,000 to $42,500/month.
VRS (Virginia Retirement System) pensions require specific DRO, not QDRO.
2025 SB 805: combined gross income cap raised to $42,500/month ($510,000/year) with new excess percentages by child count.
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Residency Requirement
6 months in Virginia
Mandatory Waiting Period
1 year separation (6 months if no minor children + written separation agreement)
No-Fault Ground
Living separate and apart for required period
State Income Tax
Progressive: 2% (<$3K), 3% ($3K–$5K), 5% ($5K–$17K), 5.75% ($17K+)
Virginia uses the Income shares model with statutory schedule under Va. Code § 20-108.2. Virginia uses an income shares model with a statutory schedule. Combined gross income is used up to a cap. Above the cap, excess percentages are applied by number of children. Each parent pays a pro rata share.
Key factors include both parents' income, the number of children, custodial time share, mandatory add-on expenses (childcare, health insurance), and any applicable deductions. Combined gross income cap: $42,500/month ($510,000/year) — raised from $35,000 by 2025 SB 805.
Yes. Either parent can request a modification if there has been a material change in circumstances, such as a significant change in income, custody arrangements, or the needs of the child. The court will recalculate support using the same statutory formula.
Basic obligation from statutory schedule. Each parent's share = pro rata based on income. Above $42,500/month combined, excess percentages applied.
Get a personalized child support calculation based on Virginia's actual statutory formula.
Start My Free VirginiaEstimate →This tool provides educational estimates based on Virginia family law and does not constitute legal advice. Child support calculations are approximations of the statutory formula and may differ from court-ordered amounts. Consult a licensed Virginia family law attorney before making decisions. Primary statute: Va. Code § 20-108.2.