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I'm now trying to figure out the Virginia child support calculation. Can anyone explain to me how to count up the number of days my daughter is with me vs. the number of days my daughter is with my wife. I know there is some weird rule for counting overnights that aren't part of 24 hour periods, but I can't get the two numbers to add up to 365 that way.
Thanks!
The Virginia Division of Child Support Enforcement calculator has been created in response to demand from the public. Its intent is educational, and does not guarantee results will accurately predict an actual child support obligation.
A brief explanation of the calculator's features and limitations will gain the user a better understanding of its usefulness. The calculator worksheet has two columns. The first is titled Custodial Parent Information. Place all required information for the Custodial Parent (the parent the children live with) in this column. The second column is for Noncustodial Parent Information. Place all required information for the Noncustodial Parent (the parent that does not live with the children) in this column.
Custody
The calculator assumes a sole custody arrangement only. Sole custody is the most common arrangement in child support cases, and means the child lives with the custodial parent 100 percent of the time. The non-custodial parent may have visitation privileges - allowing a child to spend every other weekend with the noncustodial parent, for example. Legally defined, however, the child lives with the custodial parent 100% of the time.
Shared and split custody arrangements are far more complex. A shared custody arrangement generally occurs when the parents live close to each other geographically. In this instance, a child might spend three days a week with one parent and four days a week with the other, for example. Split custody arrangements occur when there is more than one child. In this instance, one child may live with the father while another child may live with the mother, for example.
Shared and split custody arrangements are usually more complicated, often involve litigation, and generally include many unique variables. For these reasons, they do not lend themselves well to generic calculators because results can vary widely, and can often be affected by variables not included in a calculator.
Virginia Child Support Guideline Lookup
Simply enter the number of children involved and the combined gross income of both parents, and you receive a basic total child support obligation. The lookup is designed to mirror obligation amounts in the child support guideline published in the Code of Virginia. It is the initial step in determining each parent's child support obligation. In this instance, the actual obligation of each parent would be prorated based on each parent's percentage of the total income. All necessary uninsured medical and dental expenses in excess of $250 for any calendar year for each child shall also be prorated based on each parent's percentage of the total income. If a noncustodial parent earns 60% of the total income, for example, they are responsible for 60% of the total obligation published in the guidelinei and will also be responsible for 60% of the necessary uninsured medical/dental expenses in excess of $250 for any calendar year for each child. A variety of factors can, however, dramatically change each parent's child support obligation as initially stated in the guideline.
Using The Calculator
The calculator allows the user to factor in many of the most common variables that can significantly alter the basic obligation published in the guideline. There are generally two types of variables:
Variables that can alter total income (Adjustments to Income):
These can include, but are not limited to:
The gross income of each parent.
Spousal support (alimony).
Other legal dependents (who either live with a parent or who a parent pays child support for).
Variables that can alter a total child support obligation, and the noncustodial parent's share of the total obligation (Adjustments to the Obligation).
These can include, but are not limited to:
Health insurance payments.
Employment-related daycare expenses.
Social security death or disability payments.
The amounts of these items, and who currently pays for or receives them can substantially change one's obligation. The calculator allows you to enter as many or as few variables as you wish. If you leave a field blank, the calculator assumes that variable is not a factor.
Income
The amount of money each parent makes is an important factor determining a child support obligation, but particularly important is how income is defined. Gross income is all income earned before taxes, deductions and expenses are taken out. The Code of Virginia defines gross income as:
"...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." "Gross income" shall not include benefits from public assistance (TANF), Federal Supplemental Security income benefits, or child support."
Essentially, the Code states that if a child is receiving a social security disability insurance benefit on behalf of a parent, the amount of the benefit received by the child is added to the gross income of that parent. In the final calculation of the child support obligation, the parent whose child is receiving the benefit is given credit for the amount of the benefit. For more information, please refer to 20-108.2, section B of the Code of Virginia.
This definition is very large for a generic calculator to capture. The calculator assumes gross income comes largely from sources that are known, predictable and fairly stable: salaries, regular interest or dividend payments, annuity payments, social security payments, pensions, etc. There are other, less predictable sources of income, such as: profits or losses from a business, capital gains or losses, bonuses, commissions, etc. If the parents involved have income from sources that fluctuate widely from year to year, it usually becomes an issue subject to negotiation and litigation, thus becoming a variable the calculator cannot predict. For example, self-employed parents are entitled to deduct reasonable business expenses and half of any taxes they pay from their business income. The more accurate you can estimate both parent's annual average gross income from all sources, the more likely you will calculate a reasonably close estimate of your obligation.
Adjustments to the Obligation
A noncustodial parent's child support obligation is based on the assumption that they are not currently paying for any regular expenses the custodial parent may have. The court, however, usually takes into account expenses currently being paid by the noncustodial parent, and alters a child support obligation accordingly. The calculator allows both the custodial and noncustodial parent to factor in the most common variables---health insurance, employment-related daycare expenses and social security payments---but not others. There is, in fact, no cut-and-dried formula for factoring in other payments a noncustodial parent may make. Such payments might include: mortgage payments, life insurance, home association dues, car payments, education expenses, etc. Only the court can consider these payments, and determine how they might alter a child support obligation.
Accuracy
A variety of factors can change a child support obligation, too many in fact to allow a generic calculator to reliably render a precise amount. Every child support case is unique and brings with it unique variables no calculator can fully capture. In addition, the courts can deviate from the child support guidelines if a case has unusual or extenuating circumstances, which can change the obligation unpredictably. The calculator is meant to provide an estimate of a child support obligation based on one's personal circumstances regarding the most common variables. Please use it with this understanding, and do not depend on its results to predict your actual child support obligation.
(Note: When using this calculator to determine if a change in your child support should occur, keep in mind the difference must be at least 10% plus $25.00 of the current order.)
