Virginia Child Support Factors

Child support may be ordered to be paid by either parent, and is based on a consideration of the following factors: (1) the financial resources of the child; (2) the standard of living the child would have enjoyed if the marriage had not been dissolved; (3) the physical and emotional conditions and educational needs of the child; (4) the earning capacity of each parent; (5) the age and health of the child; (6) the division of marital property; (7) the monetary or non-monetary contributions of the parents to the family’s well-being; (8) the education of the parents; (9) the ability of the parents to secure education and training; (10) the income tax consequences of child support; (11) any special medical, dental, or childcare expenses; (12) the obligations, needs, and financial resources of the parents; and (13) any other relevant factors. Official child support guide-lines are provided in the statute, which are presumed to be correct unless there is a showing that the amount would be unjust or inappropriate under the particular circumstances of the case based on the factors above [(1) through (13)] and the following additional factors: (1) support provided for other children or family members; (2) custody arrangements; (3) voluntary unemployment or under-employment, unless it is the custodial parent and the child is not in school, childcare services are not available, and the cost of childcare services are not included in the computations for child support; (4) debts incurred during the marriage for the benefit of the child; (5) debts incurred for the purpose of producing income; (6) direct court-ordered payments for health insurance or educational expenses of the child; and (7) any extraordinary capital gains, such as gains from the sale of the marital home. [Code of Virginia; Title 20, Sections 20-107.2, 20-108.1, and 20-108.2].