How is child support calculated under Virginia law?
A: Child support is determined according to a presumptive guideline that is set forth in Section 20-108.2 of the Code of Virginia. The guideline requires one to know the number of children, the gross monthly income of each parent, the cost of work related day care for the children, and the cost of providing medical insurance. A number of other considerations come into play, for example, the presence of other children who are not the subject of the current child support proceeding, the number of custodial days each parent has with the child per calendar year, and whether either parent has claimed the child tax credit, may all affect the guideline calculation. The guidelines yield a "presumptive" figure for monthly child support, which means that the Court is required to apply that amount unless evidence proves that the Court should deviate from the guidelines. A list of the possible "deviating" factors is set forth in Section 20-108.1 of the Code.
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