Most states have child support guidelines in their statutes—often in the statutes collected in the state’s family code. These child support guidelines provide percentages and methods of calculating child support payments based on the number of children; the parents’ incomes and financial resources; the income and needs of the custodial parent; the needs of the children, including any special needs; and the standard of living for the children before the parents’ divorce or separation. The child support guidelines are just guidelines, and the court generally has discretion to order more or less child support based on the best interest of the children.
In Virginia, child support guidelines are established under state law to ensure that children receive adequate financial support from their parents following a divorce or separation. These guidelines are found in the Virginia Code, specifically in Section 20-108.2. The guidelines provide a formula for calculating child support payments, which takes into account factors such as the number of children, the combined gross incomes of both parents, and the proportion of income each parent contributes. The state also considers the needs of the children, including any special needs, healthcare costs, and childcare expenses. While the guidelines serve as a standard framework for determining child support, Virginia courts have the discretion to deviate from these guidelines when it is in the best interest of the child. This may occur if adhering strictly to the guidelines would be unjust or inappropriate in a particular case. The court will consider the standard of living the children would have enjoyed had the family remained intact, as well as any other relevant factors that may affect the children's well-being.