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Separation / Child Support
Child Support · Virginia Separation
Child support, calculated right and written to last.
Virginia runs child support through a guideline formula. In your separation agreement, we make sure the math is right, the add-on costs are covered, and the rules for changing it later are clear.
The first call is a conversation, not a commitment.
The Short Answer
Child support in a separation agreement is the amount one parent pays the other for the children, based on Virginia's guideline formula. The number comes from both parents' incomes, how many children you have, and the custody schedule, plus the cost of health insurance and work-related childcare. You can agree on the terms, but a court still reviews child support to make sure it serves the children.
How It Works
A formula first, then the real-life details.
Child support in Virginia starts with a guideline formula set by law. It is not a guess and it is not whatever the two of you feel like. The formula takes both parents' gross incomes, the number of children, and the custody schedule, then produces a presumptive number the court treats as correct. Your separation agreement should build from that number, not around it.
Where the work comes in is the detail. Getting the income figures right, adding the costs the formula expects, and writing down any reason you are moving off the guideline. Miss those and the agreement can be challenged later.
The guideline formula
Both parents' gross monthly incomes go in. The formula then sets each parent's share based on income and the custody arrangement, whether one parent has primary custody, you share roughly equal time, or custody is split between children. The result is the presumptive support amount.
What counts as income
Gross income is broad. It includes wages, salary, bonuses, commissions, self-employment income, and many other sources. Getting this number right for both parents is the single most important step, because everything else builds on it.
The add-on costs
On top of the base number, the formula accounts for the children's health insurance premiums and work-related childcare. Your agreement should also say how you will split unreimbursed medical costs, the doctor and dentist bills insurance does not cover.
Deviations
You can agree to a number different from the guideline, but a court will only accept it if the reason is sound and written down. The guideline amount is presumed correct, so any move away from it needs a clear, stated justification. We make sure the reason is on the page, not just in your heads.
Review and when it ends
Child support can be revisited when circumstances change in a real way, such as a large shift in income or custody. It generally continues until a child turns 18, and can run a little longer if the child is still a full-time high school student living at home. It can extend further for a child with a severe, permanent disability.
The baseA presumptive amount set by Virginia's guideline formula, built from both incomes, the number of children, and the custody schedule.
IncomeGross income from nearly all sources for both parents. The most important figure to get right.
Add-onsHealth insurance premiums and work-related childcare, plus a written split for unreimbursed medical costs.
DeviationA different number is allowed only with a sound reason stated in writing.
Review & endOpen to change on a material change in circumstances. Generally ends at emancipation.
The Governing Law
Virginia's child support guideline lives in Va. Code § 20-108.2, and the factors a court uses to deviate from it sit in § 20-108.1. The guideline amount is presumptively correct, and any deviation must be explained in writing.
Source: Va. Code § 20-108.2 and § 20-108.1. Confirm the current guideline and how it applies to your facts before you sign.
What Goes In The Number
Four pieces we get right on the page.
Child support looks like one figure, but four pieces decide whether that figure is correct and whether it holds up. We work through each one with you.
01
The Guideline Number
The presumptive amount from Virginia's formula, built on both incomes, the number of children, and your custody schedule.
02
The Add-Ons
Health insurance premiums and work-related childcare, plus a clear rule for splitting medical bills insurance does not cover.
03
Deviations
If you agree to a number off the guideline, the reason has to be sound and written down so a court will accept it.
04
Review & End
When support can be revisited, what counts as a real change, and when it ends as each child grows up.
Worth Knowing
What makes a support term hold up, or get challenged.
+ Holds up
A child support term is solid when
- Both incomes are documented and accurate
- The base number follows the guideline formula
- Health insurance and childcare costs are included
- Any deviation has a clear, written reason
- The rule for unreimbursed medical bills is spelled out
− Causes trouble
A child support term gets challenged when
- Income was understated or guessed at
- The number ignores the guideline with no reason given
- Add-on costs are left out entirely
- Medical and childcare splits are vague
- There is no clear path to review it later
Corrie Sirkin, Esq.Founding Partner
Attorney Insight
An honest word about the number.
"Most fights over child support are really fights about income. Get the income figures right at the start, and the formula does the rest."
People want to negotiate the support number like it is a price. It is not. Virginia hands you a formula, and the formula runs on income. So the real work is making sure both incomes are stated correctly, including the parts people forget, like bonuses or self-employment earnings. When the income is right, the number is hard to argue with.
The other piece I push on is the add-ons and the medical split. Those are the costs that come up every month and every flu season, and a vague clause turns them into a standing argument. We write them so each of you knows exactly who pays what, and we leave a clear door open to revisit support if your situation changes down the road.
Questions People Ask
Plain answers about child support.
These are the questions we hear most about child support in a separation agreement. If yours is not here, we are happy to answer it directly.
Need to talk it through?
Call 571.260.0999 or send us a message.
How is child support calculated in Virginia?
It runs through a guideline formula set by law. The formula uses both parents' gross incomes, the number of children, and the custody schedule to produce a presumptive amount. It then adds the children's health insurance premiums and work-related childcare. Getting both income figures right is the most important step, because the whole number builds on them.
Can we just agree on our own amount?
You can agree, but child support is the child's right, not something parents can bargain away. The guideline amount is presumed correct, so if you agree to a different number, a court will only accept it with a sound reason stated in writing. We make sure any deviation is justified on the page so it holds up.
What does child support cover beyond the base amount?
The formula builds in the children's health insurance premiums and work-related childcare. On top of that, your agreement should spell out how you split unreimbursed medical costs, the bills insurance does not cover, such as co-pays, dental, and orthodontics. A clear rule now prevents monthly arguments later.
When can child support change or end?
It can be revisited when something changes in a real way, such as a significant shift in either income or in the custody schedule. Support generally continues until a child turns 18, and can run a little longer if the child is still a full-time high school student living at home. It can extend further for a child with a severe and permanent disability.
When You Are Ready
Get the support number right from the start.
Tell us about your children and your situation, and we will make sure the guideline math is right and the add-ons are covered. Three offices across Northern Virginia, one phone number.