Child Support: Calculating the Amount

Child Support is determined according to a formula that begins by adding the parents’ income together.

Section 20-108.2 of the Virginia Code establishes a method for computing child support and a table of amounts to be paid depending on the parents’ income. The judge can depart from what the Code provides but has to justify it by finding one of the circumstances listed in Section 20-108.1

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How Much Time

The formula is different depending upon how much time the child spends with the two parents.

• If the parent who doesn’t have primary physical custody has the child for less than 90 days a year you use one formula.
• If that parent has the child for more than 90 days a year, that is called shared custody and the calculation takes the percentage of time each parent has the child into account.

For the simpler case where the non-custodial parent has the child for fewer than 90 days a year, you start by adding up all of the income received by the parents.  You then have to look up the table amount for that level of combined income.  That figure is the basic child support obligation.

Medical and Child Care Costs

A number of other items are added to the basic child support obligation. They include:

1. Medical insurance costs paid out of pocket.
2. Child care costs incurred for the child because the custodial parent is working.

If either of the parties has a minor child or children from another relationship that they support, either directly because they live in their home or by paying child support, their income is adjusted downward and the adjusted amount is added to the other parent’s income to determine the table amount.

If there is a child support order, the amount of the order is subtracted from the party’s income. If the child is living in the home, the table amount for one child is subtracted from the party’s income.

The resulting figure is then apportioned between the parents. This is done by dividing each parent’s income by the total income of both parents. Each parent’s share is figured by multiplying the resulting fraction times the support amount.

For example:

• Assume Dad makes $2,500 a month, Mom makes $2,000 a month, and there are 3 kids.
• Their combined income is $4,500 a month. According to the guidelines table, the support figure is $1,193 a month.
• If the kids live with Dad, Mom’s support obligation is 2000/4500 times $1,193 or $530.22.

You can use a worksheet to calculate the amount according to the sole custody formula. Look up the table amount that goes on line 7(a) in Virginia Code Section 20-108.2.

Computation according to the shared custody formula is more difficult and you probably should have someone help you estimate it.