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Special Needs
A child with medical, developmental, or educational needs that the basic formula does not capture.
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Child Support / Deviation From Guidelines
Deviation · Virginia
When the formula is fair, and when it is not.
The guideline number is presumed right, but it is not the final word. Virginia lets a court order a different amount when specific factors make the formula unjust. Knowing those factors is how you argue for the right number.
First call is a conversation, not a commitment.
The Short Answer
Virginia courts can deviate from the guideline child support number when one of 15 specific factors in Virginia Code § 20-108.1 makes the guideline amount unjust or inappropriate. The guideline is presumed correct, so a court has to explain in writing why it deviated. Common reasons include special needs, large visitation travel costs, debt incurred for the child, and tax effects.
How It Works
A presumption, not a ceiling or a floor.
The guideline formula produces a number that the law presumes is correct. That presumption is strong, but it can be overcome. Virginia gives courts a list of specific factors that can justify a higher or lower number when the formula does not fit a family's real situation. Deviation is how the system handles the cases the formula was not built for.
The number is presumed correct
You start from the guideline figure, and the burden is on the parent who wants something different. You cannot just argue the number feels too high or too low. You have to tie your request to one of the recognized factors and show why the guideline result is unjust or inappropriate in your case.
The court must explain itself
When a court does deviate, it cannot do it silently. The judge has to make written findings explaining which factor applies and why the guideline amount would be unfair. That requirement protects both parents, because a deviation has to be reasoned, not arbitrary.
Deviation goes both ways
Deviation is not only a tool to lower support. The same factors can justify a higher number. A child with special needs, extraordinary medical costs, or a private school the parents agreed on can all support an upward deviation. The question is always whether the guideline number fits the child's actual circumstances.
Building the argument
A deviation argument lives on specifics. Vague claims of hardship do not move a court. Documented costs, a clear tie to a recognized factor, and a sense of what is genuinely fair for the child are what work. We help you identify which factors apply and build the record to support a number that fits your family.
Starting pointThe guideline number, which is presumed correct.
To deviateTie the request to one of the 15 factors and show the guideline is unjust.
The court mustMake written findings explaining the deviation.
DirectionDeviation can raise or lower the number, not just lower it.
SourceVirginia Code § 20-108.1.
It Cuts Both Ways
Deviation is not only for lowering support. The same factors that can reduce a number, like the parenting schedule or shared costs, can also raise it for special needs or extraordinary expenses.
Source: Virginia Code § 20-108.1
Alisa Chunephisal, Esq.Family Law Attorney
Attorney Insight
A few honest things about deviation.
"The guideline number is the starting line, not the finish line. A good deviation case is built on documents, not on how unfair it feels."
Parents often feel the guideline number is wrong for their family, and sometimes they are right. But a feeling is not a deviation argument. Courts deviate when you tie the request to one of the statutory factors and back it with real costs. We help you find the factors that fit, build the documentation, and frame a number a court can justify in writing.
Questions Parents Ask
Plain answers about deviation.
These are the questions parents ask most about getting a different number than the formula. If yours is not here, we will talk it through.
Have a specific question?
Call 571.260.0999 or send us a message.
Can a court order more or less than the guideline?
Yes. The guideline number is presumed correct, but a court can deviate from it when one of the 15 factors in Virginia Code § 20-108.1 makes the guideline amount unjust or inappropriate.
The court has to explain in writing why it deviated, so the decision is reasoned rather than arbitrary.
What are common reasons for a deviation?
Common grounds include a child's special needs, large travel costs to exercise visitation, debt a parent took on for the child, the tax effects of support, a child's own significant income, and agreed costs like private school. The full list of 15 factors is in Virginia Code § 20-108.1.
Does deviation only lower support?
No. Deviation can raise or lower the number. The same factors that can reduce support can also increase it, for example when a child has special needs or extraordinary medical costs. The question is always whether the guideline number fits the child's real circumstances.
How do I ask for a deviation?
You request it as part of your support case and carry the burden of showing why the guideline is unjust. That means tying your request to a specific statutory factor and backing it with documented costs. A vague claim of hardship will not move a court, so the record matters.
When You Are Ready
Think the formula gets it wrong for your family?
Tell us what makes your situation different. We will tell you whether a deviation factor fits and what it would take to make the case. Three offices across Northern Virginia, one phone number.