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During The Divorce · 03
The guideline is a floor, not the whole story.
Virginia's child support guideline is a starting point. For a child with special needs, the law lets the court order more when the real, documented costs of care justify it. The work is building a record the judge can act on.
First call is a conversation, not a commitment.
The Short Answer
The guideline number is a presumptive starting point. For a special-needs child, Va. Code § 20-108.1 lets the court order support above the guideline when documented special-needs costs justify it. Records make the difference.
How An Upward Deviation Works
From the guideline to the real number.
The guideline assumes a typical child. When a child's needs are not typical, here is how the court can go higher.
1
Start at the guideline
The guideline figure, based on income and custody, is presumed correct. It is the floor the court starts from.
2
Identify the extra costs
Therapy, equipment, medications, specialists, nonparental caregivers, and travel that the guideline never accounts for.
3
Ask for a deviation
Va. Code § 20-108.1 lets the court deviate from the guideline, and a child's special needs is a recognized reason to go above it.
4
Get it in written findings
The court must explain any deviation in writing, so the documented costs need to be organized and in front of the judge.
The Governing Standard
Under Va. Code § 20-108.1, the guideline amount is presumptively correct, but the court may deviate when a child has special needs arising from a physical, emotional, or medical condition. Any deviation has to be supported by written findings, which is why documentation drives these cases.
Statutes change. Confirm the current text of Va. Code § 20-108.1 and how it applies to your facts before relying on it.
The Four Pieces
What it takes to go above the guideline.
01
The Guideline Floor
The presumptive figure from income and custody. It is the starting point, not the ceiling, for a special-needs child.
02
Documented Extra Costs
Therapy, equipment, meds, specialists, caregivers, and travel, captured as real recurring out-of-pocket numbers.
03
Written Findings
The court explains an above-guideline order in writing, so the evidence has to be clear and organized.
04
Review Over Time
As needs and costs grow, support can be revisited on a material change in circumstances.
Worth Knowing
What wins an upward deviation, and what sinks one.
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It works when
- The recurring costs are itemized month by month and year by year
- Receipts, provider statements, and EOBs back up every number
- The costs are clearly tied to the child's condition and care
- The request is framed around documented need, not a round figure
- Records are kept current so support can be revisited later
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It backfires when
- The extra costs are described but never documented
- Estimates are used where receipts and statements should be
- Routine expenses are mixed in with the special-needs costs
- There is no clear total the court can point to in its findings
- Records stop, making a later adjustment hard to support
Corrie Sirkin, Esq.Founding Partner · AAML Contributor
From Our Attorney
"Each cost looks small on its own. Total a year of them, and the court sees what the guideline missed."
The deviation is allowed by statute, but it lives or dies on the records. We help you pull receipts, provider statements, and explanation-of-benefits forms into a clear, monthly and annual picture of what your child's care actually costs.
That documentation is what turns "my child needs more" into a number a judge can put in written findings under Va. Code § 20-108.1.
Talk With CorrieMore On Special Needs
Every part of a special-needs case.
01
Tailored Parenting Plans
02
Custody With Special Factors
03
Above-Guideline Support
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Equitable Distribution
05
Working With Specialists
06
Detailed Parenting Agreements
07
Support Past Age 18
08
Special Needs Trusts
09
Guardianship Planning
10
Government Benefits
11
Life Insurance Planning
12
Long-Term Co-Parenting
Questions Families Ask
Above-guideline support for special needs.
A few of the questions we hear most on a first call. If yours is different, we are happy to answer it directly.
Have a specific question?Call 571.260.0999 or send us a message.
Can a Virginia court order more than guideline support for special needs?
Yes. The guideline number is a presumptive starting point, not a ceiling. Va. Code § 20-108.1 allows the court to deviate from the guideline, including upward, when a child has special needs from a physical, emotional, or medical condition. The judge must put the reasons for any deviation in written findings, so the documented costs need to be in front of the court.
What costs count toward an above-guideline number?
Documented out-of-pocket costs tied to the child's needs: therapy, specialized equipment, medications and supplements, specialist visits and co-pays, nonparental caregivers, and travel to appointments. Routine expenses are already built into the guideline. It is the recurring, extraordinary costs of the child's condition that support going above it.
How do I prove the extra costs?
With records. Receipts, provider statements, explanation-of-benefits forms, and a clear itemization of recurring monthly and annual costs. The court can only act on what it can see, so the stronger and more organized your documentation, the stronger the case for an upward deviation.
Can support be adjusted later as my child's needs change?
Yes. Child support can be revisited on a material change in circumstances. If the child's needs and costs increase, or if support needs to continue past 18 under Va. Code § 20-124.2, those issues can be brought back to the court. Keeping good records over time makes any later adjustment easier to support.
When You Are Ready
Build the record, get the right number.
Bring us what your child's care actually costs. We will organize it into the kind of evidence a court can act on under Va. Code § 20-108.1.