20-108.2 - Guideline for determination of child support; quadrennial review by Child Support Guidelines Review Panel; executive summary.
§ 20-108.2. Guideline for determination of child support; quadrennial reviewby Child Support Guidelines Review Panel; executive summary.
A. There shall be a rebuttable presumption in any judicial or administrativeproceeding for child support under this title or Title 16.1 or 63.2,including cases involving split custody or shared custody, that the amount ofthe award which would result from the application of the guidelines set forthin this section is the correct amount of child support to be awarded. Inorder to rebut the presumption, the court shall make written findings in theorder as set out in § 20-108.1, which findings may be incorporated byreference, that the application of the guidelines would be unjust orinappropriate in a particular case as determined by relevant evidencepertaining to the factors set out in § 20-108.1. The Department of SocialServices shall set child support at the amount resulting from computationsusing the guidelines set out in this section pursuant to the authoritygranted to it in Chapter 19 (§ 63.2-1900 et seq.) of Title 63.2 and subjectto the provisions of § 63.2-1918.
B. For purposes of application of the guideline, a basic child supportobligation shall be computed using the schedule set out below. For combinedmonthly gross income amounts falling between amounts shown in the schedule,basic child support obligation amounts shall be extrapolated. However, unlessone of the following exemptions applies where the sole custody child supportobligation as computed pursuant to subdivision G 1 is less than $65 permonth, there shall be a presumptive minimum child support obligation of $65per month payable by the payor parent. Exemptions from this presumptiveminimum monthly child support obligation shall include: parents unable to paychild support because they lack sufficient assets from which to pay childsupport and who, in addition, are institutionalized in a psychiatricfacility; are imprisoned for life with no chance of parole; are medicallyverified to be totally and permanently disabled with no evidence of potentialfor paying child support, including recipients of Supplemental SecurityIncome (SSI); or are otherwise involuntarily unable to produce income."Number of children" means the number of children for whom the parentsshare joint legal responsibility and for whom support is being sought.
SCHEDULE OF MONTHLY BASIC CHILD SUPPORT OBLIGATIONS
COMBINED
MONTHLY
GROSS ONE TWO THREE FOUR FIVE SIX
INCOME CHILD CHILDREN CHILDREN CHILDREN CHILDREN CHILDREN
0-599 65 65 65 65 65 65
600 110 111 113 114 115 116
650 138 140 142 143 145 146
700 153 169 170 172 174 176
750 160 197 199 202 204 206
800 168 226 228 231 233 236
850 175 254 257 260 263 266
900 182 281 286 289 292 295
950 189 292 315 318 322 325
1000 196 304 344 348 351 355
1050 203 315 373 377 381 385
1100 210 326 402 406 410 415
1150 217 337 422 435 440 445
1200 225 348 436 465 470 475
1250 232 360 451 497 502 507
1300 241 373 467 526 536 542
1350 249 386 483 545 570 576
1400 257 398 499 563 605 611
1450 265 411 515 581 633 645
1500 274 426 533 602 656 680
1550 282 436 547 617 672 714
1600 289 447 560 632 689 737
1650 295 458 573 647 705 754
1700 302 468 587 662 721 772
1750 309 479 600 676 738 789
1800 315 488 612 690 752 805
1850 321 497 623 702 766 819
1900 326 506 634 714 779 834
1950 332 514 645 727 793 848
2000 338 523 655 739 806 862
2050 343 532 666 751 819 877
2100 349 540 677 763 833 891
2150 355 549 688 776 846 905
2200 360 558 699 788 860 920
2250 366 567 710 800 873 934
2300 371 575 721 812 886 948
2350 377 584 732 825 900 963
2400 383 593 743 837 913 977
2450 388 601 754 849 927 991
2500 394 610 765 862 940 1006
2550 399 619 776 874 954 1020
2600 405 627 787 886 967 1034
2650 410 635 797 897 979 1048
2700 415 643 806 908 991 1060
2750 420 651 816 919 1003 1073
2800 425 658 826 930 1015 1085
2850 430 667 836 941 1027 1098
2900 435 675 846 953 1039 1112
2950 440 683 856 964 1052 1125
3000 445 691 866 975 1064 1138
3050 450 699 876 987 1076 1152
3100 456 707 886 998 1089 1165
3150 461 715 896 1010 1101 1178
3200 466 723 906 1021 1114 1191
3250 471 732 917 1032 1126 1205
3300 476 740 927 1044 1139 1218
3350 481 748 937 1055 1151 1231
3400 486 756 947 1067 1164 1245
3450 492 764 957 1078 1176 1258
3500 497 772 967 1089 1189 1271
3550 502 780 977 1101 1201 1285
3600 507 788 987 1112 1213 1298
3650 512 797 997 1124 1226 1311
3700 518 806 1009 1137 1240 1326
3750 524 815 1020 1150 1254 1342
3800 530 824 1032 1163 1268 1357
3850 536 834 1043 1176 1283 1372
3900 542 843 1055 1189 1297 1387
3950 547 852 1066 1202 1311 1402
4000 553 861 1078 1214 1325 1417
4050 559 871 1089 1227 1339 1432
4100 565 880 1101 1240 1353 1448
4150 571 889 1112 1253 1367 1463
4200 577 898 1124 1266 1382 1478
4250 583 907 1135 1279 1396 1493
4300 589 917 1147 1292 1410 1508
4350 594 926 1158 1305 1424 1523
4400 600 935 1170 1318 1438 1538
4450 606 944 1181 1331 1452 1553
4500 612 954 1193 1344 1467 1569
4550 618 963 1204 1357 1481 1584
4600 624 972 1216 1370 1495 1599
4650 630 981 1227 1383 1509 1614
4700 635 989 1237 1395 1522 1627
4750 641 997 1247 1406 1534 1641
4800 646 1005 1257 1417 1546 1654
4850 651 1013 1267 1428 1558 1667
4900 656 1021 1277 1439 1570 1679
4950 661 1028 1286 1450 1582 1692
5000 666 1036 1295 1460 1593 1704
5050 671 1043 1305 1471 1605 1716
5100 675 1051 1314 1481 1616 1728
5150 680 1058 1323 1492 1628 1741
5200 685 1066 1333 1502 1640 1753
5250 690 1073 1342 1513 1651 1765
5300 695 1081 1351 1524 1663 1778
5350 700 1088 1361 1534 1674 1790
5400 705 1096 1370 1545 1686 1802
5450 710 1103 1379 1555 1697 1815
5500 714 1111 1389 1566 1709 1827
5550 719 1118 1398 1576 1720 1839
5600 724 1126 1407 1587 1732 1851
5650 729 1133 1417 1598 1743 1864
5700 734 1141 1426 1608 1755 1876
5750 739 1148 1435 1619 1766 1888
5800 744 1156 1445 1629 1778 1901
5850 749 1163 1454 1640 1790 1913
5900 753 1171 1463 1650 1801 1925
5950 758 1178 1473 1661 1813 1937
6000 763 1186 1482 1672 1824 1950
6050 768 1193 1491 1682 1836 1962
6100 773 1201 1501 1693 1847 1974
6150 778 1208 1510 1703 1859 1987
6200 783 1216 1519 1714 1870 1999
6250 788 1223 1529 1724 1882 2011
6300 792 1231 1538 1735 1893 2023
6350 797 1238 1547 1745 1905 2036
6400 802 1246 1557 1756 1916 2048
6450 807 1253 1566 1767 1928 2060
6500 812 1261 1575 1777 1940 2073
6550 816 1267 1583 1786 1949 2083
6600 820 1272 1590 1794 1957 2092
6650 823 1277 1597 1801 1965 2100
6700 827 1283 1604 1809 1974 2109
6750 830 1288 1610 1817 1982 2118
6800 834 1293 1617 1824 1990 2127
6850 837 1299 1624 1832 1999 2136
6900 841 1304 1631 1839 2007 2145
6950 845 1309 1637 1847 2016 2154
7000 848 1315 1644 1855 2024 2163
7050 852 1320 1651 1862 2032 2172
7100 855 1325 1658 1870 2041 2181
7150 859 1331 1665 1878 2049 2190
7200 862 1336 1671 1885 2057 2199
7250 866 1341 1678 1893 2066 2207
7300 870 1347 1685 1900 2074 2216
7350 873 1352 1692 1908 2082 2225
7400 877 1358 1698 1916 2091 2234
7450 880 1363 1705 1923 2099 2243
7500 884 1368 1712 1931 2108 2252
7550 887 1374 1719 1938 2116 2261
7600 891 1379 1725 1946 2124 2270
7650 895 1384 1732 1954 2133 2279
7700 898 1390 1739 1961 2141 2288
7750 902 1395 1746 1969 2149 2297
7800 905 1400 1753 1977 2158 2305
7850 908 1405 1758 1983 2164 2313
7900 910 1409 1764 1989 2171 2320
7950 913 1414 1770 1995 2178 2328
8000 916 1418 1776 2001 2185 2335
8050 918 1423 1781 2007 2192 2343
8100 921 1428 1787 2014 2198 2350
8150 924 1432 1793 2020 2205 2357
8200 927 1437 1799 2026 2212 2365
8250 929 1441 1804 2032 2219 2372
8300 932 1446 1810 2038 2226 2380
8350 935 1450 1816 2045 2232 2387
8400 937 1455 1822 2051 2239 2395
8450 940 1459 1827 2057 2246 2402
8500 943 1464 1833 2063 2253 2410
8550 945 1468 1839 2069 2260 2417
8600 948 1473 1845 2076 2266 2425
8650 951 1478 1850 2082 2273 2432
8700 954 1482 1856 2088 2280 2440
8750 956 1487 1862 2094 2287 2447
8800 959 1491 1868 2100 2294 2455
8850 962 1496 1873 2107 2300 2462
8900 964 1500 1879 2113 2307 2470
8950 967 1505 1885 2119 2314 2477
9000 970 1509 1891 2125 2321 2484
9050 973 1514 1896 2131 2328 2492
9100 975 1517 1901 2137 2334 2498
9150 977 1521 1905 2141 2339 2503
9200 979 1524 1909 2146 2344 2509
9250 982 1527 1914 2151 2349 2514
9300 984 1531 1918 2156 2354 2520
9350 986 1534 1922 2160 2359 2525
9400 988 1537 1926 2165 2365 2531
9450 990 1541 1930 2170 2370 2536
9500 993 1544 1935 2175 2375 2541
9550 995 1547 1939 2179 2380 2547
9600 997 1551 1943 2184 2385 2552
9650 999 1554 1947 2189 2390 2558
9700 1001 1557 1951 2194 2396 2563
9750 1003 1561 1956 2198 2401 2569
9800 1006 1564 1960 2203 2406 2574
9850 1008 1567 1964 2208 2411 2580
9900 1010 1571 1968 2213 2416 2585
9950 1012 1574 1972 2218 2421 2590
10000 1014 1577 1977 2222 2427 2596
For gross monthly income between $10,000 and $20,000, add the amount of childsupport for $10,000 to the following percentages of gross income above$10,000:
ONE TWO THREE FOUR FIVE SIX
CHILD CHILDREN CHILDREN CHILDREN CHILDREN CHILDREN
3.1% 5.1% 6.8% 7.8% 8.8% 9.5%
For gross monthly income between $20,000 and $50,000, add the amount of childsupport for $20,000 to the following percentages of gross income above$20,000:
ONE TWO THREE FOUR FIVE SIX
CHILD CHILDREN CHILDREN CHILDREN CHILDREN CHILDREN
2% 3.5% 5% 6% 6.9% 7.8%
For gross monthly income over $50,000, add the amount of child support for$50,000 to the following percentages of gross income above $50,000:
ONE TWO THREE FOUR FIVE SIX
CHILD CHILDREN CHILDREN CHILDREN CHILDREN CHILDREN
1% 2% 3% 4% 5% 6%
C. For purposes of this section, "gross income" means all income from allsources, and shall include, but not be limited to, income from salaries,wages, commissions, royalties, bonuses, dividends, severance pay, pensions,interest, trust income, annuities, capital gains, social security benefitsexcept as listed below, workers' compensation benefits, unemploymentinsurance benefits, disability insurance benefits, veterans' benefits,spousal support, rental income, gifts, prizes or awards.
If a parent's gross income includes disability insurance benefits, it shallalso include any amounts paid to or for the child who is the subject of theorder and derived by the child from the parent's entitlement to disabilityinsurance benefits. To the extent that such derivative benefits are includedin a parent's gross income, that parent shall be entitled to a credit againsthis or her ongoing basic child support obligation for any such amounts, and,if the amount of the credit exceeds the parent's basic child supportobligations, the credit may be used to reduce arrearages.
Gross income shall be subject to deduction of reasonable business expensesfor persons with income from self-employment, a partnership, or a closelyheld business. "Gross income" shall not include:
1. Benefits from public assistance and social services programs as defined in§ 63.2-100;
2. Federal supplemental security income benefits;
3. Child support received; or
4. Income received by the payor from secondary employment income notpreviously included in "gross income," where the payor obtained the incometo discharge a child support arrearage established by a court oradministrative order and the payor is paying the arrearage pursuant to theorder. "Secondary employment income" includes but is not limited to incomefrom an additional job, from self-employment, or from overtime employment.The cessation of such secondary income upon the payment of the arrearageshall not be the basis for a material change in circumstances upon which amodification of child support may be based.
For purposes of this subsection: (i) spousal support received shall beincluded in gross income and spousal support paid shall be deducted fromgross income when paid pursuant to an order or written agreement and (ii)one-half of any self-employment tax paid shall be deducted from gross income.
Where there is an existing court or administrative order or written agreementrelating to the child or children of a party to the proceeding, who are notthe child or children who are the subject of the present proceeding, thenthere is a presumption that there shall be deducted from the gross income ofthe party subject to such order or written agreement, the amount that theparty is actually paying for the support of a child or children pursuant tosuch order or agreement.
Where a party to the proceeding has a natural or adopted child or children inthe party's household or primary physical custody, and the child or childrenare not the subject of the present proceeding, there is a presumption thatthere shall be deducted from the gross income of that party the amount asshown on the Schedule of Monthly Basic Child Support Obligations contained insubsection B that represents that party's support obligation based solely onthat party's income as being the total income available for the natural oradopted child or children in the party's household or primary physicalcustody, who are not the subject of the present proceeding. Provided,however, that the existence of a party's financial responsibility for such achild or children shall not of itself constitute a material change incircumstances for modifying a previous order of child support in anymodification proceeding. Any adjustment to gross income under this subsectionshall not create or reduce a support obligation to an amount which seriouslyimpairs the custodial parent's ability to maintain minimal adequate housingand provide other basic necessities for the child, as determined by the court.
In cases in which retroactive liability for support is being determined, thecourt or administrative agency may use the gross monthly income of theparties averaged over the period of retroactivity.
D. Except for good cause shown or the agreement of the parties, in additionto any other child support obligations established pursuant to this section,any child support order shall provide that the parents pay in proportion totheir gross incomes, as used for calculating the monthly support obligation,any reasonable and necessary unreimbursed medical or dental expenses that arein excess of $250 for any calendar year for each child who is the subject ofthe obligation. The method of payment of those expenses shall be contained inthe support order. Each parent shall pay his respective share of expenses asthose expenses are incurred. Any amount paid under this subsection shall notbe adjusted by, nor added to, the child support calculated in accordance withsubsection G. For the purposes of this section, medical or dental expensesshall include but not be limited to eyeglasses, prescription medication,prosthetics, orthodontics, and mental health or developmental disabilitiesservices, including but not limited to services provided by a social worker,psychologist, psychiatrist, counselor, or therapist.
E. Any costs for health care coverage as defined in § 63.2-1900 and dentalcare coverage, when actually being paid by a parent or that parent's spouse,to the extent such costs are directly allocable to the child or children, andwhich are the extra costs of covering the child or children beyond whatevercoverage the parent or that parent's spouse providing the coverage wouldotherwise have, shall be added to the basic child support obligation.
F. Any child-care costs incurred on behalf of the child or children due toemployment of the custodial parent shall be added to the basic child supportobligation. Child-care costs shall not exceed the amount required to providequality care from a licensed source. When requested by the noncustodialparent, the court may require the custodial parent to present documentationto verify the costs incurred for child care under this subsection. Whereappropriate, the court shall consider the willingness and availability of thenoncustodial parent to provide child care personally in determining whetherchild-care costs are necessary or excessive. Upon the request of eitherparty, and upon a showing of the tax savings a party derives from child-carecost deductions or credits, the court shall factor actual tax consequencesinto its calculation of the child-care costs to be added to the basic childsupport obligation.
G. 1. Sole custody support. The sole custody total monthly child supportobligation shall be established by adding (i) the monthly basic child supportobligation, as determined from the schedule contained in subsection B, (ii)costs for health care coverage to the extent allowable by subsection E, and(iii) work-related child-care costs and taking into consideration all thefactors set forth in subsection B of § 20-108.1. The total monthly childsupport obligation shall be divided between the parents in the sameproportion as their monthly gross incomes bear to their monthly combinedgross income. The monthly obligation of each parent shall be computed bymultiplying each parent's percentage of the parents' monthly combined grossincome by the total monthly child support obligation.
However, the monthly obligation of the noncustodial parent shall be reducedby the cost for health care coverage to the extent allowable by subsection Ewhen paid directly by the noncustodial parent or that parent's spouse.Unreimbursed medical and dental expenses shall be calculated and allocated inaccordance with subsection D.
2. Split custody support. In cases involving split custody, the amount ofchild support to be paid shall be the difference between the amounts owed byeach parent as a noncustodial parent, computed in accordance with subdivision1, with the noncustodial parent owing the larger amount paying the differenceto the other parent. Unreimbursed medical and dental expenses shall becalculated and allocated in accordance with subsection D.
For the purpose of this section and § 20-108.1, split custody shall belimited to those situations where each parent has physical custody of a childor children born of the parents, born of either parent and adopted by theother parent or adopted by both parents. For the purposes of calculating achild support obligation where split custody exists, a separate family unitexists for each parent, and child support for that family unit shall becalculated upon the number of children in that family unit who are born ofthe parents, born of either parent and adopted by the other parent or adoptedby both parents. Where split custody exists, a parent is a custodial parentto the children in that parent's family unit and is a noncustodial parent tothe children in the other parent's family unit.
3. Shared custody support.
(a) Where a party has custody or visitation of a child or children for morethan 90 days of the year, as such days are defined in subdivision G 3 (c), ashared custody child support amount based on the ratio in which the parentsshare the custody and visitation of any child or children shall be calculatedin accordance with this subdivision. The presumptive support to be paid shallbe the shared custody support amount, unless a party affirmatively shows thatthe sole custody support amount calculated as provided in subdivision G 1 isless than the shared custody support amount. If so, the lesser amount shallbe the support to be paid. For the purposes of this subsection, the followingshall apply:
(i) Income share. "Income share" means a parent's percentage of thecombined monthly gross income of both parents. The income share of a parentis that parent's gross income divided by the combined gross incomes of theparties.
(ii) Custody share. "Custody share" means the number of days that a parenthas physical custody, whether by sole custody, joint legal or jointresidential custody, or visitation, of a shared child per year divided by thenumber of days in the year. The actual or anticipated "custody share" ofthe parent who has or will have fewer days of physical custody shall becalculated for a one-year period. The "custody share" of the other parentshall be presumed to be the number of days in the year less the number ofdays calculated as the first parent's "custody share." For purposes of thiscalculation, the year may begin on such date as is determined in thediscretion of the court, and the day may begin at such time as is determinedin the discretion of the court. For purposes of this calculation, a day shallbe as defined in subdivision G 3 (c).
(iii) Shared support need. "Shared support need" means the presumptiveguideline amount of needed support for the shared child or childrencalculated pursuant to subsection B of this section, for the combined grossincome of the parties and the number of shared children, multiplied by 1.4.
(iv) Sole custody support. "Sole custody support" means the support amountdetermined in accordance with subdivision G 1.
(b) Support to be paid. The shared support need of the shared child orchildren shall be calculated pursuant to subdivision G 3 (a) (iii). Thisamount shall then be multiplied by the other parent's custody share. To thatsum for each parent shall be added the other parent's or that parent'sspouse's cost of health care coverage to the extent allowable by subsectionE, plus the other parent's work-related child-care costs to the extentallowable by subsection F. This total for each parent shall be multiplied bythat parent's income share. The support amounts thereby calculated that eachparent owes the other shall be subtracted one from the other and thedifference shall be the shared custody support one parent owes to the other,with the payor parent being the one whose shared support is the larger.Unreimbursed medical and dental expenses shall be calculated and allocated inaccordance with subsection D.
(c) Definition of a day. For the purposes of this section, "day" means aperiod of 24 hours; however, where the parent who has the fewer number ofovernight periods during the year has an overnight period with a child, buthas physical custody of the shared child for less than 24 hours during suchovernight period, there is a presumption that each parent shall be allocatedone-half of a day of custody for that period.
(d) Minimum standards. Any calculation under this subdivision shall notcreate or reduce a support obligation to an amount which seriously impairsthe custodial parent's ability to maintain minimal adequate housing andprovide other basic necessities for the child. If the gross income of eitherparty is equal to or less than 150 percent of the federal poverty levelpromulgated by the U.S. Department of Health and Human Services from time totime, then the shared custody support calculated pursuant to this subsectionshall not be the presumptively correct support and the court may considerwhether the sole custody support or the shared custody support is more justand appropriate.
(e) Support modification. When there has been an award of child support basedon the shared custody formula and one parent consistently fails to exercisecustody or visitation in accordance with the parent's custody share uponwhich the award was based, there shall be a rebuttable presumption that thesupport award should be modified.
(f) In the event that the shared custody support calculation indicates thatthe net support is to be paid to the parent who would not be the parentreceiving support pursuant to the sole custody calculation, then the sharedsupport shall be deemed to be the lesser support.
H. The Secretary of Health and Human Resources shall ensure that theguideline set out in this section is reviewed by October 31, 2001, and everyfour years thereafter, by the Child Support Guidelines Review Panel,consisting of 15 members comprised of four legislative members and 11nonlegislative citizen members. Members shall be appointed as follows: threemembers of the House Committee for Courts of Justice, upon the recommendationof the chairman of such committee, to be appointed by the Speaker of theHouse of Delegates in accordance with the principles of proportionalrepresentation contained in the Rules of the House of Delegates; one memberof the Senate Committee for Courts of Justice, upon the recommendation of thechairman of such committee, to be appointed by the Senate Committee on Rules;and one representative of a juvenile and domestic relations district court,one representative of a circuit court, one representative of the Departmentof Social Services' Division of Child Support Enforcement, three members ofthe Virginia State Bar, two custodial parents, two noncustodial parents, andone child advocate, upon the recommendation of the Secretary of Health andHuman Resources, to be appointed by the Governor. The Panel shall determinethe adequacy of the guideline for the determination of appropriate awards forthe support of children by considering current research and data on the costof and expenditures necessary for rearing children, and any other resourcesit deems relevant to such review. The Panel shall report its findings to theGeneral Assembly as provided in the procedures of the Division of LegislativeAutomated Systems for the processing of legislative documents and reportsbefore the General Assembly next convenes following such review.
Legislative members shall serve terms coincident with their terms of office.Nonlegislative citizen members shall serve at the pleasure of the Governor.All members may be reappointed. Appointments to fill vacancies, other than byexpiration of a term, shall be made for the unexpired terms. Vacancies shallbe filled in the same manner as the original appointments.
Legislative members shall receive such compensation as provided in §30-19.12, and nonlegislative citizen members shall receive such compensationfor the performance of their duties as provided in § 2.2-2813. All membersshall be reimbursed for all reasonable and necessary expenses incurred in theperformance of their duties as provided in §§ 2.2-2813 and 2.2-2825. Fundingfor the costs of compensation and expenses of the members shall be providedby the Department of Social Services.
The Department of Social Services shall provide staff support to the Panel.All agencies of the Commonwealth shall provide assistance to the Panel, uponrequest.
The chairman of the Panel shall submit to the Governor and the GeneralAssembly a quadrennial executive summary of the interim activity and work ofthe Panel no later than the first day of 2006 regular session of the GeneralAssembly and every four years thereafter. The executive summary shall besubmitted as provided in the procedures of the Division of LegislativeAutomated Systems for the processing of legislative documents and reports andshall be posted on the General Assembly's website.
(1988, c. 907; 1989, cc. 578, 579, 599; 1991, cc. 545, 588; 1992, cc. 79,716, 860; 1995, cc. 1, 481; 1996, cc. 491, 947, 1029; 1998, c. 618; 1999, cc.690, 808, 836; 2000, cc. 219, 305, 376, 384, 461; 2001, cc. 193, 809; 2002,cc. 650, 747; 2003, c. 885; 2004, cc. 907, 1008; 2005, c. 758; 2006, cc. 785,798; 2008, c. 697; 2009, c. 713; 2010, c. 243.)