Linton Hall, Virginia · Child Support
If a big part of your pay, or your co-parent’s, comes as bonuses or stock, child support gets a little more involved. In Virginia, income for support is not just base salary. It includes bonuses, commissions, and restricted stock that vests over time. The real question is usually how to count pay that swings from year to year. For families in Linton Hall where compensation runs well beyond a flat paycheck, let me walk you through how it works.
By Corrie Sirkin, Esq. · Founding Partner, NOVA Legal Professionals
This article is one part of our larger child support guide. For the full picture, start with our cornerstone, Child Support in Virginia. Here, I will focus on bonuses, RSUs, and other variable pay.
Bonuses and stock are income
The first thing to know is that the broad definition of income under Va. Code § 20-108.2 sweeps in far more than salary. Bonuses, commissions, profit sharing, and restricted stock units that vest are all part of the income picture for child support. So a parent who earns a modest base but a large annual bonus is not judged on the base alone. The support figure is based on what the parent actually earns over the year, including variable pieces.
Variable pay usually gets averaged
Because bonuses and commissions rise and fall, courts often do not seize on a single year. Instead they look at a representative stretch, commonly two or three years, and average the variable pay so that one unusually big or unusually lean year does not distort the number. That approach is fairer to both parents: the paying parent is not pinned to a peak year, and the receiving parent is not shortchanged by a deliberately quiet one. The goal is a number that reflects normal, expected earnings.
Restricted stock and RSUs
Equity pay adds a wrinkle. Restricted stock units generally count as income as they vest and become available to the parent, valued at that point. Vesting schedules, fluctuating share prices, and grants that pay out over several years all make this more involved than a simple paycheck, so it is worth handling with care and clear records. When equity is a real part of compensation, ignoring it would understate income, and Virginia’s broad definition does not allow that. You can read more on our imputed income page.
Timing Games Do Not Work
Deferring a bonus, delaying a vesting event, or asking an employer to push compensation into next year to shrink a support number tends to backfire. A court can look through the timing and, where a parent is manipulating pay, base support on real earning capacity rather than the convenient snapshot. Honesty about compensation is simply the stronger position.
Is variable pay part of your Linton Hall case?
Bring me the base, the bonus history, and any equity grants, and I will help you see how it all counts toward support. No pressure, no commitment.
Documenting variable pay
Variable income is proven with paper. Offer letters and compensation plans, recent pay stubs, year-end W-2 forms, grant and vesting statements for equity, and a couple of years of tax returns together tell the real story. The more complete the records, the easier it is to land on a fair average rather than fighting over a guess. If you are the parent trying to understand a co-parent’s true pay, these are exactly the documents to ask for.
When future pay is genuinely uncertain
Sometimes a bonus is real but its size is unknown until it arrives. Courts have practical ways to handle that, such as setting support on the reliable base pay and adding a percentage of bonuses as they are actually received, so the children share in a good year without the paying parent being charged for income that may never come. These arrangements take some drafting, but they keep support fair as compensation moves around.
Severance and one-time payouts
Variable pay also includes the less routine events: a severance package when a job ends, a signing bonus, the payout of accrued leave. These can count as income, though how they are spread out depends on the facts, since a lump that is meant to cover several months is different from a true windfall. The fair approach usually fits the payment to the period it really represents, rather than pretending a one-time check is monthly pay or ignoring it altogether.
How we help in Linton Hall
We make sure bonuses, commissions, and equity are counted fairly, push for sensible averaging, and draft for uncertain future pay so neither parent is treated unfairly. Linton Hall child support is handled through the Prince William County Juvenile and Domestic Relations court at the Judicial Center in Manassas, alongside the state’s child support division. You can read more on our imputed income page.
“Base salary is only part of the story. Bonuses and vested stock count too, usually averaged so one odd year does not skew the number.”
Corrie Sirkin, Esq. · Founding Partner
Corrie’s Practical Advice
Gather a few years of pay, not just your latest stub, because variable income is usually averaged over time. Keep your equity grant and vesting statements, since RSUs count as they vest and are easy to overlook. And do not try to time a bonus to dodge support, because a court can see through it and set the number on what you really earn.
Show the full compensation picture, and the support figure will be both fair and durable.
Authoritative References
Sources
- Code of Virginia, § 20-108.2. The broad definition of gross income, which includes bonuses, commissions, and other variable compensation, and the section’s treatment of imputation. law.lis.virginia.gov
- Code of Virginia, § 20-108.1. The rebuttable presumption that the guideline amount is correct and the factors a court weighs.
- Senate Bill 805 (2025). Raised the combined monthly income cap to $42,500 and increased guideline amounts, effective July 1, 2025.
- Prince William County and Virginia DCSE. These matters are handled through the Prince William County Juvenile and Domestic Relations court in Manassas and the Division of Child Support Enforcement.
Statutory authority verified against current Virginia law as of June 2026. Every child support case turns on its own facts.
Frequently Asked Questions
Do bonuses count as income for child support in Virginia?
Yes. Bonuses, commissions, profit sharing, and vested restricted stock are all part of gross income for child support under the state’s broad definition.
How are bonuses and commissions counted?
Courts often average variable pay over a representative period, commonly two or three years, so one unusually high or low year does not distort the support figure.
Are RSUs and stock counted for child support?
Generally yes. Restricted stock units typically count as income as they vest and become available, valued at that point.
Can I delay a bonus to lower my child support?
It rarely works. A court can look through deliberate timing and base support on real earning capacity rather than a manipulated snapshot.
When You Are Ready
Let’s count the variable pay fairly in Linton Hall.
Bring me the base salary, bonus history, and any equity grants, and I will help you reach a support number that reflects real, normal earnings. The first call is a conversation, not a commitment.