                                 CODE OF VIRGINIA

DETERMINATION OF CHILD OR SPOUSAL SUPPORT (§ 20-108.1)

A. 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&#8217;s decision shall be rendered based upon the evidence
relevant to each individual case.

B. 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&#8217;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 § 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.
			In any case in which the jurisdiction of the juvenile and domestic relations
district court has been divested pursuant to § 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.
			In 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. Actual monetary support for other family members or former family members;

   2. Arrangements regarding custody of the children, including the cost of
   visitation travel;

   3. 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&#8217;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&#8217;s earning potential; and (iii) a party&#8217;s
   current incarceration, as defined in &#xA7; 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&#8217;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. 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&#8217;s earning potential;

   5. Debts of either party arising during the marriage for the benefit of the
   child;

   6. 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;

   7. Extraordinary capital gains such as capital gains resulting from the sale
   of the marital abode;

   8. Any special needs of a child resulting from any physical, emotional, or
   medical condition;

   9. Independent financial resources of the child or children;

   10. Standard of living for the child or children established during the
   marriage;

   11. Earning capacity, obligations, financial resources, and special needs of
   each parent;

   12. Provisions made with regard to the marital property under &#xA7; 20-107.3,
   where said property earns income or has an income-earning potential;

   13. Tax consequences to the parties including claims for exemptions, child tax
   credit, and child care credit for dependent children;

   14. A written agreement, stipulation, consent order, or decree between the
   parties that includes the amount of child support; and

   15. Such other factors as are necessary to consider the equities for the
   parents and children.

C. 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 &#xA7; 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. 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.

E. 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.

F. 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.

G. Child support payments, whether current or arrears, received by a parent for
the benefit of and owed to a child in the parent&#8217;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. 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.

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.