{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-108.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-108.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-108.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-108.1.html"}],"law_id":86162,"edition_id":1,"section_id":86162,"structure_id":12712,"section_number":"20-108.1","catch_line":"Determination of child or spousal support","history":"1986, c. 461; 1988, c. 907; 1989, c. 599; 1990, c. 567; 1991, cc. 545, 588; 1992, cc. 543, 716, 860; 1993, cc. 520, 534; 1994, c. 764; 1995, c. 261; 1996, c. 491; 1998, cc. 592, 612; 2001, c. 809; 2004, cc. 204, 1008; 2006, cc. 785, 798; 2007, c. 872; 2009, c. 713; 2010, c. 176; 2013, cc. 276, 522; 2020, c. 192; 2022, c. 527.","full_text":"A\n\nIn any proceeding on the issue of determining spousal support, the court shall consider all evidence presented relevant to any issues joined in that proceeding. The court’s decision shall be rendered based upon the evidence relevant to each individual case.B\n\nIn any proceeding on the issue of determining child support under this title, Title 16.1, or Title 63.2, the court shall consider all evidence presented relevant to any issues joined in that proceeding. The court’s decision in any such proceeding shall be rendered upon the evidence relevant to each individual case. However, there shall be a rebuttable presumption in any judicial or administrative proceeding for child support, including cases involving split custody or shared custody, that the amount of the award that would result from the application of the guidelines set out in \u00a7 20-108.2 is the correct amount of child support to be awarded. Liability for support shall be determined retroactively for the period measured from the date that the proceeding was commenced by the filing of an action with any court provided the complainant exercised due diligence in the service of the respondent or, if earlier, the date an order of the Department of Social Services entered pursuant to Title 63.2 and directing payment of support was delivered to the sheriff or process server for service on the obligor.\n\t\t\tIn any case in which the jurisdiction of the juvenile and domestic relations district court has been divested pursuant to \u00a7 16.1-244 and no final child support order has been entered, any award for child support in the circuit court shall be retroactive to the date on which the proceeding was commenced by the filing of the action in the juvenile and domestic relations district court, provided that the petitioner exercised due diligence in the service of the respondent.\n\t\t\tIn order to rebut the presumption, the court shall make written findings in the order, which findings may be incorporated by reference, that the application of such guidelines would be unjust or inappropriate in a particular case. The finding that rebuts the guidelines shall state the amount of support that would have been required under the guidelines, shall give a justification of why the order varies from the guidelines, and shall be determined by relevant evidence pertaining to the following factors affecting the obligation, the ability of each party to provide child support, and the best interests of the child:1\n\nActual monetary support for other family members or former family members;2\n\nArrangements regarding custody of the children, including the cost of visitation travel;3\n\nImputed income to a party who is voluntarily unemployed or voluntarily underemployed, provided that (i) income may not be imputed to a custodial parent when a child is not in school, child care services are not available, and the cost of such child care services are not included in the computation; (ii) any consideration of imputed income based on a change in a party’s employment shall be evaluated with consideration of the good faith and reasonableness of employment decisions made by the party, including to attend and complete an educational or vocational program likely to maintain or increase the party’s earning potential; and (iii) a party’s current incarceration, as defined in § 8.01-195.10, for 180 or more consecutive days shall not be deemed voluntary unemployment or voluntary underemployment. In addition, notwithstanding subsection F, a party’s incarceration for 180 or more consecutive days shall be a material change in circumstances upon which a modification of child support may be based;4\n\nAny child care costs incurred on behalf of the child or children due to the attendance of a custodial parent in an educational or vocational program likely to maintain or increase the party’s earning potential;5\n\nDebts of either party arising during the marriage for the benefit of the child;6\n\nDirect payments ordered by the court for maintaining life insurance coverage pursuant to subsection D, education expenses, or other court-ordered direct payments for the benefit of the child;7\n\nExtraordinary capital gains such as capital gains resulting from the sale of the marital abode;8\n\nAny special needs of a child resulting from any physical, emotional, or medical condition;9\n\nIndependent financial resources of the child or children;10\n\nStandard of living for the child or children established during the marriage;11\n\nEarning capacity, obligations, financial resources, and special needs of each parent;12\n\nProvisions made with regard to the marital property under § 20-107.3, where said property earns income or has an income-earning potential;13\n\nTax consequences to the parties including claims for exemptions, child tax credit, and child care credit for dependent children;14\n\nA written agreement, stipulation, consent order, or decree between the parties that includes the amount of child support; and15\n\nSuch other factors as are necessary to consider the equities for the parents and children.C\n\nIn any proceeding under this title, Title 16.1, or Title 63.2 on the issue of determining child support, the court shall have the authority to order either party or both parties to provide health care coverage or cash medical support, as defined in § 63.2-1900, or both, for dependent children if reasonable under all the circumstances and health care coverage for a spouse or former spouse.D\n\nIn any proceeding under this title, Title 16.1, or Title 63.2 on the issue of determining child support, the court shall have the authority to order a party to (i) maintain any existing life insurance policy on the life of either party provided the party so ordered has the right to designate a beneficiary and (ii) designate a child or children of the parties as the beneficiary of all or a portion of such life insurance for so long as the party so ordered has a statutory obligation to pay child support for the child or children.E\n\nExcept when the parties have otherwise agreed, in any proceeding under this title, Title 16.1, or Title 63.2 on the issue of determining child support, the court shall have the authority to and may, in its discretion, order one party to execute all appropriate tax forms or waivers to grant to the other party the right to take the income tax dependency exemption and any credits resulting from such exemption for any tax year or future years, for any child or children of the parties for federal and state income tax purposes.F\n\nNotwithstanding any other provision of law, any amendments to this section shall not be retroactive to a date before the effective date of the amendment and shall not be the basis for a material change in circumstances upon which a modification of child support may be based.G\n\nChild support payments, whether current or arrears, received by a parent for the benefit of and owed to a child in the parent’s custody, whether the payments were ordered under this title, Title 16.1, or Title 63.2, shall not be subject to garnishment. A depository wherein child support payments have been deposited on behalf of and traceable to an individual shall not be required to determine the portion of deposits that are subject to garnishment.H\n\nIn any proceeding on the issue of determining child or spousal support or an action for separate maintenance under this title, Title 16.1, or Title 63.2, when the earning capacity, voluntary unemployment, or voluntary underemployment of a party is in controversy, the court in which the action is pending, upon the motion of any party and for good cause shown, may order a party to submit to a vocational evaluation by a vocational expert employed by the moving party, including, but not limited to, any interviews and testing as requested by the expert. The order may permit the attendance of the vocational expert at the deposition of the person to be evaluated. The order shall specify the name and address of the expert and the scope of the evaluation and shall fix the time for filing the report with the court and furnishing copies to the parties. The court may award costs or fees for the evaluation and the services of the expert at any time during the proceedings. The provisions of this section shall not preclude the applicability of any other rule or law.","order_by":null,"text":{"0":{"id":308634,"text":"In any proceeding on the issue of determining spousal support, the court shall consider all evidence presented relevant to any issues joined in that proceeding. The court’s decision shall be rendered based upon the evidence relevant to each individual case.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":308635,"text":"In any proceeding on the issue of determining child support under this title, Title 16.1, or Title 63.2, the court shall consider all evidence presented relevant to any issues joined in that proceeding. The court’s decision in any such proceeding shall be rendered upon the evidence relevant to each individual case. However, there shall be a rebuttable presumption in any judicial or administrative proceeding for child support, including cases involving split custody or shared custody, that the amount of the award that would result from the application of the guidelines set out in \u00a7 20-108.2 is the correct amount of child support to be awarded. Liability for support shall be determined retroactively for the period measured from the date that the proceeding was commenced by the filing of an action with any court provided the complainant exercised due diligence in the service of the respondent or, if earlier, the date an order of the Department of Social Services entered pursuant to Title 63.2 and directing payment of support was delivered to the sheriff or process server for service on the obligor.\n\t\t\tIn any case in which the jurisdiction of the juvenile and domestic relations district court has been divested pursuant to \u00a7 16.1-244 and no final child support order has been entered, any award for child support in the circuit court shall be retroactive to the date on which the proceeding was commenced by the filing of the action in the juvenile and domestic relations district court, provided that the petitioner exercised due diligence in the service of the respondent.\n\t\t\tIn order to rebut the presumption, the court shall make written findings in the order, which findings may be incorporated by reference, that the application of such guidelines would be unjust or inappropriate in a particular case. The finding that rebuts the guidelines shall state the amount of support that would have been required under the guidelines, shall give a justification of why the order varies from the guidelines, and shall be determined by relevant evidence pertaining to the following factors affecting the obligation, the ability of each party to provide child support, and the best interests of the child:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":308636,"text":"Actual monetary support for other family members or former family members;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":308637,"text":"Arrangements regarding custody of the children, including the cost of visitation travel;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":308638,"text":"Imputed income to a party who is voluntarily unemployed or voluntarily underemployed, provided that (i) income may not be imputed to a custodial parent when a child is not in school, child care services are not available, and the cost of such child care services are not included in the computation; (ii) any consideration of imputed income based on a change in a party’s employment shall be evaluated with consideration of the good faith and reasonableness of employment decisions made by the party, including to attend and complete an educational or vocational program likely to maintain or increase the party’s earning potential; and (iii) a party’s current incarceration, as defined in § 8.01-195.10, for 180 or more consecutive days shall not be deemed voluntary unemployment or voluntary underemployment. In addition, notwithstanding subsection F, a party’s incarceration for 180 or more consecutive days shall be a material change in circumstances upon which a modification of child support may be based;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":308639,"text":"Any child care costs incurred on behalf of the child or children due to the attendance of a custodial parent in an educational or vocational program likely to maintain or increase the party’s earning potential;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":308640,"text":"Debts of either party arising during the marriage for the benefit of the child;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":308641,"text":"Direct payments ordered by the court for maintaining life insurance coverage pursuant to subsection D, education expenses, or other court-ordered direct payments for the benefit of the child;","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"8":{"id":308642,"text":"Extraordinary capital gains such as capital gains resulting from the sale of the marital abode;","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"B8"},"9":{"id":308643,"text":"Any special needs of a child resulting from any physical, emotional, or medical condition;","type":"section","prefixes":["B","8"],"prefix":"8","entire_prefix":"B8","prefix_anchor":"B8","level":2,"prior_prefix":"B7","next_prefix":"B9"},"10":{"id":308644,"text":"Independent financial resources of the child or children;","type":"section","prefixes":["B","9"],"prefix":"9","entire_prefix":"B9","prefix_anchor":"B9","level":2,"prior_prefix":"B8","next_prefix":"B10"},"11":{"id":308645,"text":"Standard of living for the child or children established during the marriage;","type":"section","prefixes":["B","10"],"prefix":"10","entire_prefix":"B10","prefix_anchor":"B10","level":2,"prior_prefix":"B9","next_prefix":"B11"},"12":{"id":308646,"text":"Earning capacity, obligations, financial resources, and special needs of each parent;","type":"section","prefixes":["B","11"],"prefix":"11","entire_prefix":"B11","prefix_anchor":"B11","level":2,"prior_prefix":"B10","next_prefix":"B12"},"13":{"id":308647,"text":"Provisions made with regard to the marital property under § 20-107.3, where said property earns income or has an income-earning potential;","type":"section","prefixes":["B","12"],"prefix":"12","entire_prefix":"B12","prefix_anchor":"B12","level":2,"prior_prefix":"B11","next_prefix":"B13"},"14":{"id":308648,"text":"Tax consequences to the parties including claims for exemptions, child tax credit, and child care credit for dependent children;","type":"section","prefixes":["B","13"],"prefix":"13","entire_prefix":"B13","prefix_anchor":"B13","level":2,"prior_prefix":"B12","next_prefix":"B14"},"15":{"id":308649,"text":"A written agreement, stipulation, consent order, or decree between the parties that includes the amount of child support; and","type":"section","prefixes":["B","14"],"prefix":"14","entire_prefix":"B14","prefix_anchor":"B14","level":2,"prior_prefix":"B13","next_prefix":"B15"},"16":{"id":308650,"text":"Such other factors as are necessary to consider the equities for the parents and children.","type":"section","prefixes":["B","15"],"prefix":"15","entire_prefix":"B15","prefix_anchor":"B15","level":2,"prior_prefix":"B14","next_prefix":"C"},"17":{"id":308651,"text":"In any proceeding under this title, Title 16.1, or Title 63.2 on the issue of determining child support, the court shall have the authority to order either party or both parties to provide health care coverage or cash medical support, as defined in § 63.2-1900, or both, for dependent children if reasonable under all the circumstances and health care coverage for a spouse or former spouse.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B15","next_prefix":"D"},"18":{"id":308652,"text":"In any proceeding under this title, Title 16.1, or Title 63.2 on the issue of determining child support, the court shall have the authority to order a party to (i) maintain any existing life insurance policy on the life of either party provided the party so ordered has the right to designate a beneficiary and (ii) designate a child or children of the parties as the beneficiary of all or a portion of such life insurance for so long as the party so ordered has a statutory obligation to pay child support for the child or children.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"19":{"id":308653,"text":"Except when the parties have otherwise agreed, in any proceeding under this title, Title 16.1, or Title 63.2 on the issue of determining child support, the court shall have the authority to and may, in its discretion, order one party to execute all appropriate tax forms or waivers to grant to the other party the right to take the income tax dependency exemption and any credits resulting from such exemption for any tax year or future years, for any child or children of the parties for federal and state income tax purposes.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"20":{"id":308654,"text":"Notwithstanding any other provision of law, any amendments to this section shall not be retroactive to a date before the effective date of the amendment and shall not be the basis for a material change in circumstances upon which a modification of child support may be based.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"21":{"id":308655,"text":"Child support payments, whether current or arrears, received by a parent for the benefit of and owed to a child in the parent’s custody, whether the payments were ordered under this title, Title 16.1, or Title 63.2, shall not be subject to garnishment. A depository wherein child support payments have been deposited on behalf of and traceable to an individual shall not be required to determine the portion of deposits that are subject to garnishment.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"22":{"id":308656,"text":"In any proceeding on the issue of determining child or spousal support or an action for separate maintenance under this title, Title 16.1, or Title 63.2, when the earning capacity, voluntary unemployment, or voluntary underemployment of a party is in controversy, the court in which the action is pending, upon the motion of any party and for good cause shown, may order a party to submit to a vocational evaluation by a vocational expert employed by the moving party, including, but not limited to, any interviews and testing as requested by the expert. The order may permit the attendance of the vocational expert at the deposition of the person to be evaluated. The order shall specify the name and address of the expert and the scope of the evaluation and shall fix the time for filing the report with the court and furnishing copies to the parties. The court may award costs or fees for the evaluation and the services of the expert at any time during the proceedings. The provisions of this section shall not preclude the applicability of any other rule or law.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":12712,"edition_id":1,"name":"Divorce, Affirmation and Annulment","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12711,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":178931,"object_type":"structure","relational_id":12712,"identifier":"6","token":"20\/6","url":"\/20\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12711,"edition_id":1,"name":"Domestic Relations","identifier":"20","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":178075,"object_type":"structure","relational_id":12711,"identifier":"20","token":"20","url":"\/20\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":69694,"structure_id":12712,"section_number":"20-100","catch_line":"Repealed","url":"\/20-100\/","token":"20\/6\/20-100","metadata":false},{"id":85663,"structure_id":12712,"section_number":"20-101","catch_line":"Repealed","url":"\/20-101\/","token":"20\/6\/20-101","metadata":false},{"id":78351,"structure_id":12712,"section_number":"20-102","catch_line":"When not necessary to allege or prove offer of reconciliation","url":"\/20-102\/","token":"20\/6\/20-102","metadata":false},{"id":84768,"structure_id":12712,"section_number":"20-103","catch_line":"Court may make orders pending suit for divorce, custody or visitation, etc","url":"\/20-103\/","token":"20\/6\/20-103","metadata":false},{"id":70919,"structure_id":12712,"section_number":"20-104","catch_line":"Order of publication against nonresident defendant","url":"\/20-104\/","token":"20\/6\/20-104","metadata":false},{"id":59840,"structure_id":12712,"section_number":"20-104.1","catch_line":"Orders of publication may be combined","url":"\/20-104.1\/","token":"20\/6\/20-104.1","metadata":false},{"id":86285,"structure_id":12712,"section_number":"20-105","catch_line":"Permissible form for orders of publication","url":"\/20-105\/","token":"20\/6\/20-105","metadata":false},{"id":72909,"structure_id":12712,"section_number":"20-105.1","catch_line":"Alternative procedures","url":"\/20-105.1\/","token":"20\/6\/20-105.1","metadata":false},{"id":79519,"structure_id":12712,"section_number":"20-106","catch_line":"Testimony may be required to be given orally; 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contents of decree","url":"\/20-91\/","token":"20\/6\/20-91","metadata":false},{"id":72418,"structure_id":12712,"section_number":"20-92","catch_line":"Repealed","url":"\/20-92\/","token":"20\/6\/20-92","metadata":false},{"id":70318,"structure_id":12712,"section_number":"20-93","catch_line":"Insanity of guilty party after commencement of desertion no defense","url":"\/20-93\/","token":"20\/6\/20-93","metadata":false},{"id":54956,"structure_id":12712,"section_number":"20-94","catch_line":"Effect of cohabitation after knowledge of adultery, sodomy or buggery; lapse of five years","url":"\/20-94\/","token":"20\/6\/20-94","metadata":false},{"id":84107,"structure_id":12712,"section_number":"20-95","catch_line":"Grounds for divorces from bed and board","url":"\/20-95\/","token":"20\/6\/20-95","metadata":false},{"id":78621,"structure_id":12712,"section_number":"20-96","catch_line":"Jurisdiction of suits for annulment, affirmance or divorce","url":"\/20-96\/","token":"20\/6\/20-96","metadata":false},{"id":71732,"structure_id":12712,"section_number":"20-96.1","catch_line":"Repealed","url":"\/20-96.1\/","token":"20\/6\/20-96.1","metadata":false},{"id":84801,"structure_id":12712,"section_number":"20-97","catch_line":"Domicile and residential requirements for suits for annulment, affirmance, or divorce","url":"\/20-97\/","token":"20\/6\/20-97","metadata":false},{"id":87223,"structure_id":12712,"section_number":"20-98","catch_line":"Repealed","url":"\/20-98\/","token":"20\/6\/20-98","metadata":false},{"id":58423,"structure_id":12712,"section_number":"20-99","catch_line":"How such suits instituted and conducted; costs","url":"\/20-99\/","token":"20\/6\/20-99","metadata":false},{"id":73767,"structure_id":12712,"section_number":"20-99.1","catch_line":"Repealed","url":"\/20-99.1\/","token":"20\/6\/20-99.1","metadata":false},{"id":84506,"structure_id":12712,"section_number":"20-99.1:1","catch_line":"How defendant may accept service; waive service","url":"\/20-99.1_1\/","token":"20\/6\/20-99.1_1","metadata":false},{"id":64766,"structure_id":12712,"section_number":"20-99.2","catch_line":"Service in divorce and annulment cases","url":"\/20-99.2\/","token":"20\/6\/20-99.2","metadata":false}],"previous_section":{"id":75906,"structure_id":12712,"section_number":"20-108","catch_line":"Revision and alteration of such decrees","url":"\/20-108\/","token":"20\/6\/20-108","metadata":false},"next_section":{"id":78437,"structure_id":12712,"section_number":"20-108.2","catch_line":"Guideline for determination of child support; quadrennial review by Child Support Guidelines Review Panel; executive summary","url":"\/20-108.2\/","token":"20\/6\/20-108.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-108.1\/","history_text":"

This law was first created in 1986. The record of its establishment is cataloged in chapter 461 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1986 \u201cActs\u201d aren\u2019t available online. It has been modified 19 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1988, chapter 907; in 1989, chapter 599; in 1990, chapter 567; in 1991, chapters 545 and 588; in 1992, chapters 543, 716, and 860; in 1993, chapters 520 and 534; in 1994, chapter 764<\/a>; in 1995, chapter 261<\/a>; in 1996, chapter 491<\/a>; in 1998, chapters 592<\/a> and 612<\/a>; in 2001, chapter 809<\/a>; in 2004, chapters 204<\/a> and 1008<\/a>; in 2006, chapters 785<\/a> and 798<\/a>; in 2007, chapter 872<\/a>; in 2009, chapter 713<\/a>; in 2010, chapter 176<\/a>; in 2013, chapters 276<\/a> and 522<\/a>; in 2020, chapter 192<\/a>; in 2022, chapter 527<\/a>.<\/p>","references":[{"id":62456,"section_number":"16.1-279.1","catch_line":"Protective order in cases of family abuse","order_by":null,"url":"\/16.1-279.1\/"},{"id":65314,"section_number":"16.1-290","catch_line":"Support of committed juvenile; support from estate of juvenile","order_by":null,"url":"\/16.1-290\/"},{"id":78437,"section_number":"20-108.2","catch_line":"Guideline for determination of child support; quadrennial review by Child Support Guidelines Review Panel; executive summary","order_by":null,"url":"\/20-108.2\/"},{"id":54223,"section_number":"20-60.3","catch_line":"Contents of support orders","order_by":null,"url":"\/20-60.3\/"},{"id":86973,"section_number":"34-4.2","catch_line":"Additional exemption for parents of dependent children","order_by":null,"url":"\/34-4.2\/"},{"id":77713,"section_number":"63.2-1921","catch_line":"Authority to initiate reviews of certain orders","order_by":null,"url":"\/63.2-1921\/"},{"id":59063,"section_number":"63.2-909","catch_line":"Child support for child placed in foster care by court","order_by":null,"url":"\/63.2-909\/"},{"id":61985,"section_number":"8.01-375","catch_line":"Exclusion of witnesses in civil cases (Subsection (a) of Supreme Court Rule 2:615 derived in part from this section and subsection (b) of Supreme Court Rule 2:615 derived from this section)","order_by":null,"url":"\/8.01-375\/"},{"id":68014,"section_number":"8.01-512.4","catch_line":"Notice of exemptions from garnishment and lien","order_by":null,"url":"\/8.01-512.4\/"}],"refers_to":[{"id":60259,"section_number":"16.1-244","catch_line":"Concurrent jurisdiction; exceptions","order_by":null,"url":"\/16.1-244\/"},{"id":69531,"section_number":"20-107.3","catch_line":"Court may decree as to property and debts of the parties","order_by":null,"url":"\/20-107.3\/"},{"id":78437,"section_number":"20-108.2","catch_line":"Guideline for determination of child support; quadrennial review by Child Support Guidelines Review Panel; executive summary","order_by":null,"url":"\/20-108.2\/"},{"id":54048,"section_number":"63.2-1900","catch_line":"Definitions","order_by":null,"url":"\/63.2-1900\/"},{"id":78034,"section_number":"8.01-195.10","catch_line":"Purpose; action by the General Assembly required; definitions","order_by":null,"url":"\/8.01-195.10\/"}],"permalink":{"id":178993,"object_type":"law","relational_id":86162,"identifier":"20-108.1","token":"20\/6\/20-108.1","url":"\/20-108.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-108.1\/","token":"20\/6\/20-108.1","dublin_core":{"Title":"Determination of child or spousal support","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-108.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any proceeding on the issue<\/span> of determining spousal support, the court<\/span> shall consider all evidence<\/span> presented relevant to any issues<\/span> joined in that proceeding. The court<\/span>’s decision shall be rendered based upon the evidence<\/span> relevant to each individual case. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In any proceeding on the issue<\/span> of determining child support under this title, Title 16.1, or Title 63.2, the court<\/span> shall consider all evidence<\/span> presented relevant to any issues<\/span> joined in that proceeding. The court<\/span>’s decision in any such proceeding shall be rendered upon the evidence<\/span> relevant to each individual case. However, there shall be a rebuttable presumption<\/span> in any judicial or administrative proceeding for child support, including cases involving split custody<\/span> or shared custody<\/span>, that the amount of the award that would result from the application of the guidelines set out in \u00a7 20-108.2<\/a> is the correct amount of child support to be awarded. Liability for support shall be determined retroactively for the period measured from the date that the proceeding was commenced by the filing of an action with any court<\/span> provided the complainant exercised due diligence in the service of the respondent or, if earlier, the date an order<\/span> of the Department of Social Services entered pursuant to Title 63.2 and directing payment of support was delivered to the sheriff or process server for service on the obligor.\n\t\t\tIn any case in which the jurisdiction<\/span> of the juvenile and domestic relations district court<\/span> has been divested pursuant to \u00a7 16.1-244<\/a> and no final child support order<\/span> has been entered, any award for child support in the circuit<\/span> court<\/span> shall be retroactive to the date on which the proceeding was commenced by the filing of the action in the juvenile and domestic relations district court<\/span>, provided that the petitioner exercised due diligence in the service of the respondent.\n\t\t\tIn order<\/span> to rebut the presumption<\/span>, the court<\/span> shall make written findings<\/span> in the order<\/span>, which findings<\/span> may be incorporated by reference, that the application of such guidelines would be unjust or inappropriate in a particular case. The finding<\/span> that rebuts the guidelines shall state the amount of support that would have been required under the guidelines, shall give a justification of why the order<\/span> varies from the guidelines, and shall be determined by relevant evidence<\/span> pertaining to the following factors affecting the obligation, the ability of each party<\/span> to provide child support, and the best interests of the child: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Actual monetary support for other family members or former family members; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Arrangements regarding custody<\/span> of the children, including the cost of visitation travel; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Imputed income to a party<\/span> who is voluntarily unemployed or voluntarily underemployed, provided that (i) income may not be imputed to a custodial parent when a child is not in school, child care services are not available, and the cost of such child care services are not included in the computation; (ii) any consideration of imputed income based on a change in a party<\/span>’s employment shall be evaluated with consideration of the good faith and reasonableness of employment decisions made by the party<\/span>, including to attend and complete an educational or vocational program likely to maintain or increase the party<\/span>’s earning potential; and (iii) a party<\/span>’s current incarceration, as defined in § 8.01-195.10<\/a>, for 180 or more consecutive days shall not be deemed voluntary unemployment or voluntary underemployment. In addition, notwithstanding subsection F, a party<\/span>’s incarceration for 180 or more consecutive days shall be a material<\/span> change in circumstances upon which a modification of child support may be based; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any child care costs incurred on behalf of the child or children due to the attendance of a custodial parent in an educational or vocational program likely to maintain or increase the party<\/span>’s earning potential; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Debts of either party<\/span> arising during the marriage for the benefit of the child; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Direct payments ordered by the court<\/span> for maintaining life insurance coverage pursuant to subsection D, education expenses, or other court<\/span>-ordered direct payments for the benefit of the child; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Extraordinary capital gains such as capital gains resulting from the sale of the marital abode; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Any special needs of a child resulting from any physical, emotional, or medical condition; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Independent financial resources of the child or children; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Standard of living for the child or children established during the marriage; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Earning capacity, obligations, financial resources, and special needs of each parent; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Provisions made with regard to the marital property under § 20-107.3<\/a>, where said property earns income or has an income-earning potential; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> Tax consequences to the parties including claims for exemptions, child tax credit, and child care credit for dependent children; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> A written agreement, stipulation<\/span>, consent order<\/span>, or decree<\/span> between the parties that includes the amount of child support; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> Such other factors as are necessary to consider the equities for the parents and children. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In any proceeding under this title, Title 16.1, or Title 63.2 on the issue<\/span> of determining child support, the court<\/span> shall have the authority to order<\/span> either party<\/span> or both parties to provide health care coverage or cash medical support, as defined in § 63.2-1900<\/a>, or both, for dependent children if reasonable under all the circumstances and health care coverage for a spouse or former spouse. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In any proceeding under this title, Title 16.1, or Title 63.2 on the issue<\/span> of determining child support, the court<\/span> shall have the authority to order<\/span> a party<\/span> to (i) maintain any existing life insurance policy on the life of either party<\/span> provided the party<\/span> so ordered has the right to designate a beneficiary and (ii) designate a child or children of the parties as the beneficiary of all or a portion of such life insurance for so long as the party<\/span> so ordered has a statutory obligation to pay child support for the child or children. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Except when the parties have otherwise agreed, in any proceeding under this title, Title 16.1, or Title 63.2 on the issue<\/span> of determining child support, the court<\/span> shall have the authority to and may, in its discretion, order<\/span> one party<\/span> to execute all appropriate tax forms or waivers<\/span> to grant to the other party<\/span> the right to take the income tax dependency exemption and any credits resulting from such exemption for any tax year or future years, for any child or children of the parties for federal and state income tax purposes. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Notwithstanding any other provision of law<\/span>, any amendments to this section shall not be retroactive to a date before the effective date of the amendment and shall not be the basis for a material<\/span> change in circumstances upon which a modification of child support may be based. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Child support payments, whether current or arrears<\/span>, received by a parent for the benefit of and owed to a child in the parent’s custody<\/span>, whether the payments were ordered under this title, Title 16.1, or Title 63.2, shall not be subject to garnishment<\/span>. A depository wherein child support payments have been deposited on behalf of and traceable to an individual shall not be required to determine the portion of deposits that are subject to garnishment<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> In any proceeding on the issue<\/span> of determining child or spousal support or an action for separate maintenance under this title, Title 16.1, or Title 63.2, when the earning capacity, voluntary unemployment, or voluntary underemployment of a party<\/span> is in controversy, the court<\/span> in which the action is pending, upon the motion<\/span> of any party<\/span> and for good cause shown, may order<\/span> a party<\/span> to submit to a vocational evaluation by a vocational expert employed by the moving party<\/span>, including, but not limited to, any interviews and testing as requested by the expert. The order<\/span> may permit the attendance of the vocational expert at the deposition<\/span> of the person to be evaluated. The order<\/span> shall specify the name and address of the expert and the scope of the evaluation and shall fix the time for filing the report with the court<\/span> and furnishing copies to the parties. The court<\/span> may award costs or fees for the evaluation and the services of the expert at any time during the proceedings. The provisions of this section shall not preclude the applicability of any other rule or law<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDETERMINATION OF CHILD OR SPOUSAL SUPPORT (\u00a7 20-108.1)\n\nA. In any proceeding on the issue of determining spousal support, the court\nshall consider all evidence presented relevant to any issues joined in that\nproceeding. The court’s decision shall be rendered based upon the evidence\nrelevant to each individual case.\n\nB. In any proceeding on the issue of determining child support under this title,\nTitle 16.1, or Title 63.2, the court shall consider all evidence presented\nrelevant to any issues joined in that proceeding. The court’s decision in\nany such proceeding shall be rendered upon the evidence relevant to each\nindividual case. However, there shall be a rebuttable presumption in any\njudicial or administrative proceeding for child support, including cases\ninvolving split custody or shared custody, that the amount of the award that\nwould result from the application of the guidelines set out in \u00a7 20-108.2 is\nthe correct amount of child support to be awarded. Liability for support shall\nbe determined retroactively for the period measured from the date that the\nproceeding was commenced by the filing of an action with any court provided the\ncomplainant exercised due diligence in the service of the respondent or, if\nearlier, the date an order of the Department of Social Services entered pursuant\nto Title 63.2 and directing payment of support was delivered to the sheriff or\nprocess server for service on the obligor.\n\t\t\tIn any case in which the jurisdiction of the juvenile and domestic relations\ndistrict court has been divested pursuant to \u00a7 16.1-244 and no final child\nsupport order has been entered, any award for child support in the circuit court\nshall be retroactive to the date on which the proceeding was commenced by the\nfiling of the action in the juvenile and domestic relations district court,\nprovided that the petitioner exercised due diligence in the service of the\nrespondent.\n\t\t\tIn order to rebut the presumption, the court shall make written findings in\nthe order, which findings may be incorporated by reference, that the application\nof such guidelines would be unjust or inappropriate in a particular case. The\nfinding that rebuts the guidelines shall state the amount of support that would\nhave been required under the guidelines, shall give a justification of why the\norder varies from the guidelines, and shall be determined by relevant evidence\npertaining to the following factors affecting the obligation, the ability of\neach party to provide child support, and the best interests of the child:\n\n 1. Actual monetary support for other family members or former family members;\n\n 2. Arrangements regarding custody of the children, including the cost of\n visitation travel;\n\n 3. Imputed income to a party who is voluntarily unemployed or voluntarily\n underemployed, provided that (i) income may not be imputed to a custodial\n parent when a child is not in school, child care services are not available,\n and the cost of such child care services are not included in the computation;\n (ii) any consideration of imputed income based on a change in a party’s\n employment shall be evaluated with consideration of the good faith and\n reasonableness of employment decisions made by the party, including to attend\n and complete an educational or vocational program likely to maintain or\n increase the party’s earning potential; and (iii) a party’s\n current incarceration, as defined in § 8.01-195.10, for 180 or more\n consecutive days shall not be deemed voluntary unemployment or voluntary\n underemployment. In addition, notwithstanding subsection F, a party’s\n incarceration for 180 or more consecutive days shall be a material change in\n circumstances upon which a modification of child support may be based;\n\n 4. Any child care costs incurred on behalf of the child or children due to the\n attendance of a custodial parent in an educational or vocational program\n likely to maintain or increase the party’s earning potential;\n\n 5. Debts of either party arising during the marriage for the benefit of the\n child;\n\n 6. Direct payments ordered by the court for maintaining life insurance\n coverage pursuant to subsection D, education expenses, or other court-ordered\n direct payments for the benefit of the child;\n\n 7. Extraordinary capital gains such as capital gains resulting from the sale\n of the marital abode;\n\n 8. Any special needs of a child resulting from any physical, emotional, or\n medical condition;\n\n 9. Independent financial resources of the child or children;\n\n 10. Standard of living for the child or children established during the\n marriage;\n\n 11. Earning capacity, obligations, financial resources, and special needs of\n each parent;\n\n 12. Provisions made with regard to the marital property under § 20-107.3,\n where said property earns income or has an income-earning potential;\n\n 13. Tax consequences to the parties including claims for exemptions, child tax\n credit, and child care credit for dependent children;\n\n 14. A written agreement, stipulation, consent order, or decree between the\n parties that includes the amount of child support; and\n\n 15. Such other factors as are necessary to consider the equities for the\n parents and children.\n\nC. In any proceeding under this title, Title 16.1, or Title 63.2 on the issue of\ndetermining child support, the court shall have the authority to order either\nparty or both parties to provide health care coverage or cash medical support,\nas defined in § 63.2-1900, or both, for dependent children if reasonable\nunder all the circumstances and health care coverage for a spouse or former\nspouse.\n\nD. In any proceeding under this title, Title 16.1, or Title 63.2 on the issue of\ndetermining child support, the court shall have the authority to order a party\nto (i) maintain any existing life insurance policy on the life of either party\nprovided the party so ordered has the right to designate a beneficiary and (ii)\ndesignate a child or children of the parties as the beneficiary of all or a\nportion of such life insurance for so long as the party so ordered has a\nstatutory obligation to pay child support for the child or children.\n\nE. Except when the parties have otherwise agreed, in any proceeding under this\ntitle, Title 16.1, or Title 63.2 on the issue of determining child support, the\ncourt shall have the authority to and may, in its discretion, order one party to\nexecute all appropriate tax forms or waivers to grant to the other party the\nright to take the income tax dependency exemption and any credits resulting from\nsuch exemption for any tax year or future years, for any child or children of\nthe parties for federal and state income tax purposes.\n\nF. Notwithstanding any other provision of law, any amendments to this section\nshall not be retroactive to a date before the effective date of the amendment\nand shall not be the basis for a material change in circumstances upon which a\nmodification of child support may be based.\n\nG. Child support payments, whether current or arrears, received by a parent for\nthe benefit of and owed to a child in the parent’s custody, whether the\npayments were ordered under this title, Title 16.1, or Title 63.2, shall not be\nsubject to garnishment. A depository wherein child support payments have been\ndeposited on behalf of and traceable to an individual shall not be required to\ndetermine the portion of deposits that are subject to garnishment.\n\nH. In any proceeding on the issue of determining child or spousal support or an\naction for separate maintenance under this title, Title 16.1, or Title 63.2,\nwhen the earning capacity, voluntary unemployment, or voluntary underemployment\nof a party is in controversy, the court in which the action is pending, upon the\nmotion of any party and for good cause shown, may order a party to submit to a\nvocational evaluation by a vocational expert employed by the moving party,\nincluding, but not limited to, any interviews and testing as requested by the\nexpert. The order may permit the attendance of the vocational expert at the\ndeposition of the person to be evaluated. The order shall specify the name and\naddress of the expert and the scope of the evaluation and shall fix the time for\nfiling the report with the court and furnishing copies to the parties. The court\nmay award costs or fees for the evaluation and the services of the expert at any\ntime during the proceedings. The provisions of this section shall not preclude\nthe applicability of any other rule or law.\n\nHISTORY: 1986, c. 461; 1988, c. 907; 1989, c. 599; 1990, c. 567; 1991, cc. 545,\n588; 1992, cc. 543, 716, 860; 1993, cc. 520, 534; 1994, c. 764; 1995, c. 261;\n1996, c. 491; 1998, cc. 592, 612; 2001, c. 809; 2004, cc. 204, 1008; 2006, cc.\n785, 798; 2007, c. 872; 2009, c. 713; 2010, c. 176; 2013, cc. 276, 522; 2020, c.\n192; 2022, c. 527.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}