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NORTHERN VIRGINIA FAMILY LAW ATTORNEYS Legal Insights

Bonuses, RSUs, and Child Support in Tysons, VA

Tysons, Virginia · Child Support

If your pay is more than a steady salary, bonuses, commissions, restricted stock that vests each year, child support can feel uncertain and a little scary. Which part counts? What if one big year was a fluke? In Tysons, where so much pay arrives in variable form, these questions matter a great deal. The short answer is that Virginia counts income from all sources, and there are fair ways to handle the ups and downs. Let me walk you through it.

By Alisa Chunephisal, 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 how bonuses, stock, and other variable pay are treated.

Virginia counts income from all sources

The guideline starts from gross income, and Virginia defines that broadly under Va. Code § 20-108.2. It is not just your base salary. It includes bonuses, commissions, and other variable pay, along with things like dividends, interest, pensions, and more. So a large bonus or a commission-heavy year is part of the picture, not something that sits quietly outside it. That catches some people by surprise, and it is far better to understand it up front than to be blindsided in a hearing.

Restricted stock and equity compensation

Equity pay, like restricted stock units that vest over time, is generally treated as income when it is realized, usually at the point it vests and is taxed to you. How a court counts it, and exactly when, can be more contested than a simple cash bonus, because both the timing and the value move around. We are honest with you that this is an area with real room for argument, which is precisely why the way you present it makes a difference. Done carefully, it produces a fair number. Done sloppily, it invites a fight.

The fix for uneven years is averaging

Here is the part that calms most people down. Courts understand that bonuses and stock are not the same every year. To set a fair monthly figure, they often average variable pay over a representative period, a few years rather than a single one. So one unusually large bonus does not have to define your support forever, and one lean year does not let a parent quietly off the hook. A fair average that reflects your real earnings is the goal, and it usually serves everyone better than fixating on a single number.

One Big Year Is Not the Whole Story

If you had a standout bonus year, try not to panic. And if your co-parent did, do not assume that windfall sets the number forever. Courts generally look at a representative stretch of time and average variable pay, so the support figure reflects your real, ongoing earnings rather than a single outlier in either direction.

Is your pay more than a salary?

Bring me your last few years of pay, bonuses, and any stock that vested, and I will show you a fair, honest picture of what counts and how it likely averages out. No pressure, no commitment.

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You cannot hide income by changing its shape

This is where the law has teeth. A parent cannot dodge support by quietly deferring a bonus, taking pay in a different form, or simply choosing to earn less than they could. If a court believes a parent is voluntarily suppressing income, or is voluntarily underemployed without good cause, it can look at earning history and capacity and base support on what that parent should be earning. Variable pay does not become invisible just because it is irregular. You can read more on our imputed income page.

When you land above the guideline cap

In 2025, Virginia raised the combined monthly income cap to $42,500 and updated the guideline amounts. For higher earners in Tysons, especially in a strong bonus or stock year, combined income can climb above that cap. Above it, support is the amount set at the cap plus a percentage of the income over it, based on the number of children. It is its own calculation, and it genuinely pays to run it carefully rather than guess, because the difference at these income levels is not small.

How we keep it fair in Tysons

Whether you are worried that a single big year will overstate your income, or worried that the other parent is downplaying real earnings, we gather the full pay history, present the variable pieces honestly, and push for an average that reflects reality. Nobody is served by a number built on a fluke. Tysons is part of Fairfax County, so these matters are handled in the Fairfax Juvenile and Domestic Relations court, or through the state.

“A bonus is income, even when it is not guaranteed. You cannot make it disappear by calling it uncertain, and you should not be punished for one unusual year either.”

Alisa Chunephisal, Esq. · Founding Partner

Alisa’s Practical Advice

Gather three years of pay: base salary, bonuses, commissions, and any stock that vested, because a fair average needs a fair sample. If a single year was unusual, high or low, be ready to show why. And if you suspect the other parent is timing or reshaping income to look smaller than it really is, raise it early, because that is exactly the kind of thing a court can see past.

Honest numbers, averaged fairly, protect everyone, and most of all they protect your kids.

Authoritative References

Sources

  1. Code of Virginia, § 20-108.2. Gross income is defined broadly to include income from all sources, such as bonuses and commissions, and the section governs imputation for voluntary underemployment. law.lis.virginia.gov
  2. Code of Virginia, § 20-108.1. The rebuttable presumption that the guideline amount is correct, and the factors a court weighs.
  3. Senate Bill 805 (2025). Raised the combined monthly income cap to $42,500, added the above-cap formula, and increased guideline amounts, effective July 1, 2025.
  4. Fairfax County and Virginia DCSE. Income questions and support are handled in the Fairfax Juvenile and Domestic Relations court and through 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. Virginia counts gross income from all sources, which includes bonuses, commissions, and other variable pay, not just base salary.

How are RSUs or stock treated?

Equity compensation like vesting restricted stock is generally treated as income when it is realized, usually at vesting. The timing and value can be more contested than a cash bonus, so how it is presented matters.

What if I had one unusually big year?

Courts often average variable pay over a representative period, so a single high or low year does not have to define support. A fair average is the aim.

Can a parent hide income by deferring a bonus?

Not reliably. If a court finds a parent is voluntarily suppressing income or underemployed without good cause, it can base support on earning capacity instead.

When You Are Ready

Let’s get your Tysons number right, ups and downs included.

Bring me your recent pay history, bonuses, and any vested stock, and I will help you build a fair, honest figure that holds up. The first call is a conversation, not a commitment.

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