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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2003 SESSION
031846520Be it enacted by the General Assembly of Virginia:
1. That §§ 20-108.1 and 20-108.2 of the Code of Virginia are amended and reenacted as follows:
§ 20-108.1. Determination of child or spousal support.
A. In any proceeding on the issue of determining spousal support, the court shall consider all evidence presented relevant to any issues joined in that proceeding. The court's decision shall be rendered based upon the evidence relevant to each individual case.
B. In any proceeding on the issue of determining child support under this title
or Title 16.1 or Title 63.2, the court shall consider all evidence presented
relevant to any issues joined in that proceeding. The court's decision in any
such proceeding shall be rendered upon the evidence relevant to each individual
case. However, there shall be a rebuttable presumption in any judicial or
administrative proceeding for child support, including cases involving split
custody or shared custody, that the amount of the award which would result from
the application of the guidelines guideline set out in § 20-108.2 is the
correct amount of child support to be awarded. Liability for support shall be
determined retroactively for the period measured from the date that the
proceeding was commenced by the filing of an action with the court provided the
complainant exercised due diligence in the service of the respondent or, if
earlier, the date an order of the Department of Social Services entered
pursuant to Title 63.2 and directing payment of support was delivered to the
sheriff or process server for service on the obligor.
In order to rebut the presumption, the court shall make written findings in the
order, which findings may be incorporated by reference, that the application of
such guidelines guideline would be unjust or inappropriate in a particular
case. The finding that rebuts the guidelines guideline shall state the amount
of support that would have been required under the guidelines guideline, shall
give a justification of why the order varies from the guidelines guideline, and
shall be determined by relevant evidence pertaining to the following factors
affecting the obligation, the ability of each party to provide child support,
and the best interests of the child:
1. Actual monetary support for other family members or former family members;
2. Arrangements regarding custody of the children;
3. Imputed income to a party who is voluntarily unemployed or voluntarily under-employed; provided that income may not be imputed to the custodial parent when a child is not in school, child care services are not available and the cost of such child care services are not included in the computation;
4. Debts of either party arising during the marriage for the benefit of the child;
5. Debts incurred for production of income;
6. Direct payments ordered by the court for health care coverage, maintaining life insurance coverage pursuant to subsection D, education expenses, or other court-ordered direct payments for the benefit of the child and costs related to the provision of health care coverage pursuant to subdivision 7 of § 20-60.3;
7. Extraordinary capital gains such as capital gains resulting from the sale of the marital abode;
8. Age, physical and mental condition of the child or children, including extraordinary medical or dental expenses, and child-care expenses;
9. Independent financial resources, if any, of the child or children;
10. Standard of living for the family established during the marriage;
11. Earning capacity, obligations and needs, and financial resources of each parent;
12. Education and training of the parties and the ability and opportunity of the parties to secure such education and training;
13. Contributions, monetary and nonmonetary, of each party to the well-being of the family;
14. Provisions made with regard to the marital property under § 20-107.3;
15. Tax consequences to the parties regarding claims for dependent children and child care expenses;
16. A written agreement between the parties which includes the amount of child support;
17. A pendente lite decree, which includes the amount of child support, agreed
to by both parties or by counsel for the parties; and
18. Income of the parties obtained from overtime employment or a second job, which income may be considered for inclusion or noninclusion based on the history of receipt of that income, the purpose of that income, and any agreement of the parties related to that income; and
19. Such other factors, including tax consequences to each party, and such deviations necessary to accommodate local prevailing wages and costs, as are necessary to consider the equities for the parents and children.
B1. In considering the imputation of income to either party pursuant to subdivision B 3, the court shall consider (i) the earning capacity, including the skills, education and training of the party; (ii) the current employment opportunities for persons possessing such earning capacity; (iii) the extent to which the age, physical or mental condition, or special circumstances of any child of the parties makes it appropriate that a party not seek employment outside of the home; and (iv) the decisions regarding employment, career, economics, education, and parenting arrangements made by the parties, and their effect on present and future earning potential, including the length of time 1 or both of the parties have been absent from the job market.
C. In any proceeding under this title or Title 16.1 or Title 63.2 on the issue
of determining child support, the court shall have the authority to order a
party to provide health care coverage, as defined in § 63.1-250 63.2-1900, for
dependent children if reasonable under all the circumstances and health care coverage for a spouse or
former spouse.
D. In any proceeding under this title, Title 16.1 or Title 63.2 on the issue of determining child support, the court shall have the authority to order a party to (i) maintain any existing life insurance policy on the life of either party provided the party so ordered has the right to designate a beneficiary and (ii) designate a child or children of the parties as the beneficiary of all or a portion of such life insurance for so long as the party so ordered has a statutory obligation to pay child support for the child or children.
E. Except when the parties have otherwise agreed, in any proceeding under this title, Title 16.1 or Title 63.2 on the issue of determining child support, the court shall have the authority to and may, in its discretion, order one party to execute all appropriate tax forms or waivers to grant to the other party the right to take the income tax dependency exemption for any tax year or future years, for any child or children of the parties for federal and state income tax purposes.
F. Notwithstanding any other provision of law, any modifications to this section shall not be retroactive to a date before enactment, and shall not be the basis for a material change in circumstances upon which a modification of child support may be based.
§ 20-108.2. Guideline for determination of child support.
A. The Schedule of Monthly Basic Child Support Obligations ("Schedule") is
based on (i) the rationale that there are fixed housing and utility costs and
variable transportation costs, and (ii) the assumption of "exercised"
visitation by the noncustodial parent of 60 to 90 days annually. There shall
be a rebuttable presumption in any judicial or administrative proceeding for
child support under this title or Title 16.1 or 63.2, including cases involving
split custody or shared custody, that the amount of the award which would
result from the application of the guidelines guideline set forth in this
section is the correct amount of child support to be awarded. In order to rebut the presumption, the
court shall make written findings in the order as set out in § 20-108.1, which
findings may be incorporated by reference, that the application of the
guidelines guideline would be unjust or inappropriate in a particular case
as determined by relevant evidence pertaining to the factors set out in §§
20-107.2 and 20-108.1. The Department of Social Services shall set child support at the
amount resulting from computations using the guidelines guideline set out in
this section pursuant to the authority granted to it in Chapter 19 (§ 63.2-1900
et seq.) of Title 63.2 and subject to the provisions of § 63.2-1918.
A1. Economic Assumptions. The Schedule in this section should be applied in individual cases with consideration of the following economic assumptions:
1. The Schedule uses gross monthly income to avoid (a) non-comparable deductions; (b) use of complex gross to net calculations in individual cases; and (c) an increase in child support when an obligor acquires additional dependents.
2. The Schedule uses a minimum level of support below $1,200 to allow low-income obligors to maintain at least a subsistence level of living after payment of taxes and child support.
3. The Schedule is based on the 2000 United States Department of Agriculture Consumer Expenditure Survey for average expenditures on child-rearing up to age 18 in 2-parent households, discounted to recognize expenditures made by the non-custodial household during 60 to 90 days of visitation. Costs borne by the non-custodial parent are assumed to include direct expenditures during visitation, as well as additional expenditures required to accommodate children in the household for shelter, household equipment and purchasing and insuring a vehicle.
4. The Schedule amounts include estimated monthly expenditures on food, housing, home furnishings, utilities, transportation, clothing, education and recreation. Child-rearing expenditures for households with 4, 5, and 6 children are constructed by multiplying the obligations of households with 3 children by 1.1274, 1.2293, and 1.3142, respectively.
5. The Schedule does not include expenditures for child care, children's extraordinary medical care, or the children's share of health insurance because these expenditures are added to child support obligations as actually incurred in individual cases.
6. The Schedule expenditures include expenditures on ordinary medical care of $250 per child per year.
B. For purposes of application of the guideline, a basic child support
obligation shall be computed using the schedule set out below. For combined
monthly gross income amounts falling between amounts shown in the schedule,
basic child support obligation amounts shall be extrapolated. However, unless
one of the following exemptions applies where the sole custody child support
obligation as computed pursuant to subdivision G. 1. is less than $65 per
month, there shall be a presumptive minimum child support obligation of $65 per
month payable by the payor parent. Exemptions from this presumptive minimum
monthly child support obligation shall include: parents unable to pay child
support because they lack sufficient assets from which to pay child support and
who, in addition, are institutionalized in a psychiatric facility; are
imprisoned with no chance of parole; are medically verified to be totally and
permanently disabled with no evidence of potential for paying child support,
including recipients of Supplemental Security Income (SSI); or are otherwise
involuntarily unable to produce income. "Number of children" means the number of children for whom
the parents share 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 16674900 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 21637050 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 23658250 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 child
support 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 child
support 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%
SCHEDULE OF MONTHLY BASIC CHILD SUPPORT OBLIGATIONS
COMBINED MONTHLY GROSS ONE TWO THREE FOUR FIVE SIX INCOME CHILD CHILDREN CHILDREN CHILDREN CHILDREN CHILDREN $0-1199 65 65 65 65 65 65
1200 83 84 85 96 104 112
1250 111 113 114 129 140 150
1300 139 142 143 161 176 188
1350 167 171 172 194 211 226
1400 195 200 201 227 247 264
1450 223 229 230 259 283 302
1500 251 258 259 292 318 340
1550 279 287 288 325 354 378
1600 293 316 317 357 390 417
1650 307 345 346 390 425 455
1700 321 374 375 423 461 493
1750 329 403 404 455 497 531
1800 338 423 433 488 523 569
1850 346 461 462 521 568 607
1900 355 490 491 554 604 645
1950 363 519 520 586 639 683
2000 371 548 549 619 675 721
2050 380 577 578 652 711 760
2100 388 606 607 684 746 798
2150 396 623 636 717 782 836
2200 404 636 665 750 817 874
2250 412 648 694 782 853 912
2300 420 660 723 815 889 950
2350 428 672 752 848 924 988
2400 436 684 781 880 960 1026
2450 444 696 810 913 996 1065
2500 452 707 839 946 1031 1103
2550 459 719 868 979 1067 1141
2600 467 731 897 1011 1103 1179
2650 475 742 926 1044 1138 1217
2700 482 753 955 1077 1174 1255
2750 490 764 972 1095 1194 1277
2800 497 776 986 1111 1212 1296
2850 505 787 1000 1127 1229 1314
2900 512 797 1014 1143 1247 1333
2950 520 808 1028 1159 1264 1351
3000 527 819 1042 1175 1281 1369
3050 534 830 1056 1190 1298 1387
3100 541 840 1069 1205 1314 1405
3150 549 850 1083 1221 1331 1423
3200 556 861 1096 1236 1347 1440
3250 563 871 1109 1250 1364 1458
3300 570 881 1122 1265 1380 1475
3350 577 891 1135 1280 1396 1492
3400 584 901 1148 1294 1411 1509
3450 590 911 1161 1309 1427 1526
3500 597 920 1173 1323 1443 1542
3550 604 930 1186 1337 1458 1559
3600 610 938 1195 1347 1469 1570
3650 616 946 1204 1358 1480 1582
3700 622 954 1213 1368 1491 1594
3750 629 962 1222 1377 1502 1606
3800 635 969 1230 1387 1512 1617
3850 641 976 1239 1396 1523 1628
3900 647 984 1247 1405 1532 1638
3950 653 991 1255 1414 1542 1649
4000 658 998 1262 1423 1552 1659
4050 664 1004 1270 1431 1561 1669
4100 670 1011 1277 1440 1570 1678
4150 676 1018 1284 1448 1578 1687
4200 681 1024 1291 1455 1587 1696
4250 687 1030 1298 1463 1595 1705
4300 692 1036 1304 1470 1603 1714
4350 698 1042 1310 1477 1611 1722
4400 703 1048 1316 1484 1618 1730
4450 708 1054 1322 1491 1625 1737
4500 714 1059 1328 1497 1632 1745
4550 719 1065 1333 1503 1639 1752
4600 724 1073 1344 1515 1652 1766
4650 730 1081 1354 1526 1664 1779
4700 735 1089 1364 1538 1677 1793
4750 740 1097 1374 1549 1689 1806
4800 746 1105 1384 1561 1702 1819
4850 751 1112 1394 1572 1714 1832
4900 756 1120 1404 1583 1726 1845
4950 761 1128 1414 1594 1738 1858
5000 766 1135 1423 1605 1750 1871
5050 771 1143 1433 1616 1762 1883
5100 776 1150 1442 1626 1773 1896
5150 781 1157 1452 1637 1785 1908
5200 786 1165 1461 1647 1796 1920
5250 790 1172 1470 1658 1807 1932
5300 795 1179 1479 1668 1819 1944
5350 800 1186 1488 1678 1830 1956
5400 804 1193 1497 1688 1841 1968
5450 809 1200 1506 1698 1852 1979
5500 813 1206 1515 1708 1862 1991
5550 818 1213 1524 1718 1873 2002
5600 822 1220 1532 1727 1883 2014
5650 827 1226 1541 1737 1894 2025
5700 831 1233 1549 1746 1904 2036
5750 835 1239 1557 1756 1914 2047
5800 839 1245 1565 1765 1924 2057
5850 843 1251 1574 1774 1934 2068
5900 848 1258 1581 1783 1944 2078
5950 852 1264 1589 1792 1954 2089
6000 855 1270 1597 1801 1963 2099
6050 859 1276 1605 1809 1973 2109
6100 863 1281 1613 1818 1982 2119
6150 867 1287 1620 1826 1992 2129
6200 871 1293 1628 1835 2001 2139
6250 875 1298 1635 1843 2010 2149
6300 878 1304 1642 1851 2019 2158
6350 882 1309 1649 1859 2027 2168
6400 885 1315 1656 1867 2036 2177
6450 889 1320 1663 1875 2045 2186
6500 892 1325 1670 1883 2053 2195
6550 896 1330 1677 1891 2062 2204
6600 899 1335 1684 1898 2070 2213
6650 902 1340 1690 1906 2078 2221
6700 905 1345 1697 1913 2086 2230
6750 909 1350 1703 1920 2094 2238
6800 912 1355 1710 1927 2102 2247
6850 915 1360 1716 1934 2109 2255
6900 918 1364 1722 1941 2117 2263
6950 921 1369 1728 1948 2124 2271
7000 924 1373 1734 1955 2132 2279
7050 926 1378 1740 1962 2139 2287
7100 929 1382 1746 1968 2146 2294
7150 932 1386 1751 1975 2153 2302
7200 935 1390 1757 1981 2160 2309
7250 937 1394 1762 1987 2167 2316
7300 940 1398 1768 1993 2173 2323
7350 942 1402 1773 1999 2180 2330
7400 945 1406 1778 2005 2186 2337
7450 947 1410 1784 2011 2193 2344
7500 950 1413 1789 2016 2199 2351
7550 952 1417 1794 2022 2205 2357
7600 954 1420 1798 2028 2211 2363
7650 957 1424 1803 2033 2217 2370
7700 959 1427 1808 2038 2222 2376
7750 961 1431 1812 2043 2228 2382
7800 963 1434 1817 2048 2234 2388
7850 965 1437 1821 2053 2239 2394
7900 967 1440 1826 2058 2244 2399
7950 969 1443 1830 2063 2249 2405
8000 971 1446 1834 2068 2254 2410
8050 972 1449 1838 2072 2259 2415
8100 974 1451 1842 2077 2264 2421
8150 976 1454 1846 2081 2269 2426
8200 977 1457 1849 2085 2274 2431
8250 979 1459 1853 2089 2278 2435
8300 980 1462 1857 2093 2282 2440
8350 982 1464 1860 2097 2287 2445
8400 983 1466 1864 2101 2291 2449
8450 985 1468 1867 2105 2295 2453
8500 986 1470 1870 2108 2299 2458
8550 992 1479 1878 2117 2308 2468
8600 996 1485 1886 2126 2318 2478
8650 1001 1492 1893 2134 2327 2488
8700 1005 1498 1901 2143 2337 2498
8750 1009 1504 1909 2152 2346 2508
8800 1014 1511 1916 2160 2355 2518
8850 1018 1517 1924 2169 2365 2528
8900 1022 1523 1931 2177 2374 2538
8950 1027 1529 1939 2186 2383 2548
9000 1031 1535 1946 2194 2392 2558
9050 1035 1541 1953 2202 2401 2567
9100 1039 1547 1961 2211 2410 2577
9150 1044 1553 1968 2219 2419 2587
9200 1048 1559 1975 2227 2428 2596
9250 1052 1565 1983 2235 2437 2606
9300 1056 1571 1990 2243 2446 2615
9350 1060 1577 1997 2252 2455 2625
9400 1065 1583 2004 2260 2464 2634
9450 1069 1589 2011 2268 2473 2643
9500 1073 1595 2018 2276 2481 2653
9550 1077 1601 2025 2283 2490 2662
9600 1081 1607 2032 2291 2498 2671
9650 1085 1612 2039 2299 2507 2680
9700 1089 1618 2046 2307 2515 2689
9750 1093 1624 2053 2315 2524 2698
9800 1097 1629 2060 2322 2532 2707
9850 1101 1635 2067 2330 2541 2716
9900 1105 1641 2074 2338 2549 2725
9950 1109 1646 2080 2345 2557 2734
10000 1113 1652 2087 2353 2565 2743
For gross monthly income between $10,000 and $20,000, add the amount of child support 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 child support 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 all sources, 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 benefits except as listed below, workers' compensation benefits, unemployment insurance 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 shall also include any amounts paid to or for the child who is the subject of the order and derived by the child from the parent's entitlement to disability insurance benefits. To the extent that such derivative benefits are included in a parent's gross income, that parent shall be entitled to a credit against his or her ongoing basic child support obligation for any such amounts, and, if the amount of the credit exceeds the parent's basic child support obligations, the credit may be used to reduce arrearages.
Gross income shall be subject to deduction of reasonable business expenses for persons with income from self-employment, a partnership, or a closely held business. "Gross income" shall not include:
benefits1. Benefits from public assistance and social services programs as
defined in § 63.2-100,;
federal 2. Federal supplemental security income benefits,;
or child 3. Child support received; or
4. Income received by the payor from secondary employment income, whether from an additional job, from self-employment, or from overtime income not previously included in "gross income," where such income has been obtained in a good faith effort by the payor to discharge a child-support arrearage established by a court or administrative order relating to the child or children who are subject to the proceeding, and such parent is paying the arrearage pursuant to the order. Such secondary income, or the cessation of such income upon the payment of the arrearage, shall not be the basis for a material change in circumstances upon which a modification of child support may be based.
For purposes of this subsection: (i) spousal support received shall be included in gross income and spousal support paid shall be deducted from gross 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 agreement relating to the child or children of a party to the proceeding, who are not the child or children who are the subject of the present proceeding, then there is a presumption that there shall be deducted from the gross income of the party subject to such order or written agreement, the amount that the party is actually paying for the support of a child or children pursuant to such order or agreement.
Where a party to the proceeding has a natural or adopted child or children in the party's household or primary physical custody, and the child or children are not the subject of the present proceeding, there is a presumption that there shall be deducted from the gross income of that party the amount as shown on the Schedule of Monthly Basic Child Support Obligations contained in subsection B that represents that party's support obligation based solely on that party's income as being the total income available for the natural or adopted child or children in the party's household or primary physical custody, who are not the subject of the present proceeding. Provided, however, that the existence of a party's financial responsibility for such a child or children shall not of itself constitute a material change in circumstances for modifying a previous order of child support in any modification proceeding. Any adjustment to gross income under this subsection shall not create or reduce a support obligation to an amount which seriously impairs the custodial parent's ability to maintain minimal adequate housing and provide other basic necessities for the child, as determined by the court.
In cases in which retroactive liability for support is being determined, the court or administrative agency may use the gross monthly income of the parties averaged over the period of retroactivity.
D. Any extraordinary medical and dental expenses for treatment of the child or
children shall be added to the basic child support obligation. For purposes of this
section, extraordinary medical and dental expenses are uninsured expenses in excess
of $100 for a single illness or condition and shall include but not be limited
to eyeglasses, prescription medication, prostheses, and mental health services
whether provided by a social worker, psychologist, psychiatrist, or counselor
Except for good cause shown or the agreement of the parties, in addition to any
other child support obligations made pursuant to this section, any child
support order shall provide that the parents pay in proportion to their gross
incomes, as used for calculating the monthly support obligation, any reasonable
and necessary unreimbursed medical or dental expenses which are in excess of
the sum of $250 for any calendar year for each child who is the subject of the
obligation. For the purposes of this section, medical or dental expenses shall
include but not be limited to eyeglasses, prescription medication, prosthetics,
orthodontics, and mental health or developmental disabilities services,
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 dental care coverage, when actually being paid by a parent, to the extent such costs are directly allocable to the child or children, and which are the extra costs of covering the child or children beyond whatever coverage the parent providing the coverage would otherwise have, shall be added to the basic child support obligation.
F. Any child-care costs incurred on behalf of the child or children due to
employment of the custodial parent shall be added to the basic child support
obligation. as follows:
1. When the monthly gross income of the custodial parent paying such costs falls below (i) $1,100 for 1 child; (ii) $1,500 for 2 children; (iii) $1,700 for 3 children; (iv) $1,900 for 4 children; (v) $2,100 for 5 children; or (vi) $2,300 for 6 children, 100 percent of the child-care costs shall be added to the basic child support obligations. When the monthly gross income of the custodial parent paying such costs exceeds the level set forth in subdivision F 1, 75 percent of the child-care costs shall be added to the basic child support obligation. The court shall consider tax returns or any other relevant evidence presented in order to rebut the presumption of the percentage of child-care costs to be used.
2. The amount of any child-care tax credit shall be added to the gross income of the parent who receives the credit.
3. Child-care costs shall not exceed the amount required to provide quality care from a licensed source. When requested by the noncustodial parent, the court may require the custodial parent to present documentation to verify the costs incurred for child care under this subsection. Where appropriate, the court shall consider the willingness and availability of the noncustodial parent to provide child care personally in determining whether child-care costs are necessary or excessive.
G. 1. Sole custody support. The sole custody total monthly child support
obligation shall be established by adding (i) the monthly basic child support
obligation, as determined from the schedule contained in subsection B, (ii) all
extraordinary medical expenses, (iii)/ costs for health care coverage to the
extent allowable by subsection E, and (iv) work-related child-care costs and taking into
consideration all the factors set forth in subsection B of § 20-108.1. The
total monthly child support obligation shall be divided between the parents in the
same proportion as their monthly gross incomes bear to their monthly combined gross
income. The monthly obligation of each parent shall be computed by multiplying
each parent's percentage of the parents' monthly combined gross income by the
total monthly child support obligation.
However, the monthly obligation of the noncustodial parent shall be reduced by the cost for health care coverage to the extent allowable by subsection E when paid directly by the noncustodial parent.
2. Split custody support. In cases involving split custody, the amount of child support to be paid shall be the difference between the amounts owed by each parent as a noncustodial parent, computed in accordance with subdivision 1, with the noncustodial parent owing the larger amount paying the difference to the other parent.
For the purpose of this section and § 20-108.1, split custody shall be limited to those situations where each parent has physical custody of a child or children born of the parents, born of either parent and adopted by the other parent or adopted by both parents. For the purposes of calculating a child support obligation where split custody exists, a separate family unit exists for each parent, and child support for that family unit shall be calculated upon the number of children in that family unit who are born of the parents, born of either parent and adopted by the other parent or adopted by both parents. Where split custody exists, a parent is a custodial parent to the children in that parent's family unit and is a noncustodial parent to the 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 more than ninety days of the year, as such days are defined in subdivision G 3 (c), a shared custody child support amount based on the ratio in which the parents share the custody and visitation of any child or children shall be calculated in accordance with this subdivision. The presumptive support to be paid shall be the shared custody support amount, unless a party affirmatively shows that the sole custody support amount calculated as provided in subdivision G 1 is less than the shared custody support amount. If so, the lesser amount shall be the support to be paid. For the purposes of this subsection, the following shall apply:
(i) Income share. "Income share" means a parent's percentage of the combined monthly gross income of both parents. The income share of a parent is that parent's gross income divided by the combined gross incomes of the parties.
(ii) Custody share. "Custody share" means the number of days that a parent has physical custody, whether by sole custody, joint legal or joint residential custody, or visitation, of a shared child per year divided by the number of days in the year. The actual or anticipated "custody share" of the parent who has or will have fewer days of physical custody shall be calculated for a one-year period. The "custody share" of the other parent shall be presumed to be the number of days in the year less the number of days calculated as the first parent's "custody share." For purposes of this calculation, the year may begin on such date as is determined in the discretion of the court, and the day may begin at such time as is determined in the discretion of the court. For purposes of this calculation, a day shall be as defined in subdivision G 3 (c).
(iii) Shared support need. "Shared support need" means the presumptive guideline amount of needed support for the shared child or children calculated pursuant to subsection B of this section, for the combined gross income of the parties and the number of shared children, multiplied by 1.4.
(iv) Sole custody support. "Sole custody support" means the support amount determined in accordance with subdivision G 1.
(b) Support to be paid. The shared support need of the shared child or children shall be calculated pursuant to subdivision G 3 (a) (iii). This amount shall then be multiplied by the other parent's custody share. To that sum for each parent shall be added the other parent's cost of health care coverage to the extent allowable by subsection E, plus the other parent's work-related child-care costs to the extent allowable by subsection F. This total for each parent shall be multiplied by that parent's income share. The support amounts thereby calculated that each parent owes the other shall be subtracted one from the other and the difference 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. Any extraordinary medical and dental expenses, to the extent allowable by subsection D, shall be shared directly by the parents in accordance with their income shares, and shall not be adjusted by the custody share. The parents shall pay their respective shares of these extraordinary medical expenses as they are incurred, and they are not added to each party's shared custody support owed to the other party. The method of payment of said allowable expenses shall be contained in the support order. When the shared support is compared to the sole custody support to determine which is the lesser support, pursuant to subdivision G 3 (a), the extraordinary medical expenses shall not enter into either calculation.
(c) Definition of a day. For the purposes of this section, "day" means a period of twenty-four hours; however, where the parent who has the fewer number of overnight periods during the year has an overnight period with a child, but has physical custody of the shared child for less than twenty-four hours during such overnight period, there is a presumption that each parent shall be allocated one-half of a day of custody for that period.
(d) Minimum standards. Any calculation under this subdivision shall not create or reduce a support obligation to an amount which seriously impairs the custodial parent's ability to maintain minimal adequate housing and provide other basic necessities for the child. If the gross income of either party is equal to or less than 150 percent of the federal poverty level promulgated by the U.S. Department of Health and Human Services from time to time, then the shared custody support calculated pursuant to this subsection shall not be the presumptively correct support and the court may consider whether the sole custody support or the shared custody support is more just and appropriate.
(e) Support modification. When there has been an award of child support based on the shared custody formula and one parent consistently fails to exercise custody or visitation in accordance with the parent's custody share upon which the award was based, there shall be a rebuttable presumption that the support award should be modified.
(f) In the event that the shared custody support calculation indicates that the net support is to be paid to the parent who would not be the parent receiving support pursuant to the sole custody calculation, then the shared support shall be deemed to be the lesser support.
H. The Secretary of Health and Human Resources shall ensure that the guideline set out in this section is reviewed by October 31, 2001, and every three years thereafter, by a panel that includes a representative of a juvenile and domestic relations court and a circuit court, a representative of the executive branch, a member of the House of Delegates, a member of the Senate to be appointed by the chairmen of the House and Senate Committees for Courts of Justice, members of the bar, two custodial and two noncustodial parents and a child advocate. The panel shall determine the adequacy of the guideline for the determination of appropriate awards for the support of children by considering current research and data on the cost of and expenditures necessary for rearing children, and any other resources it deems relevant to such review. The panel shall report its findings to the General Assembly before it next convenes following such review.
2. That the provisions of this act shall not be the basis for a material change in circumstances upon which a modification of child support may be based unless the application of the provisions would increase or decrease the monthly support obligation by $75 or more.