Centreville, VA asked in Child Support for Virginia

Q: In Virginia, can non custodial parent receive child support? Non custodial parent has 94 days/year with children.

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1 Lawyer Answer
Michael Christopher Miller
Michael Christopher Miller
  • Vienna, VA
  • Licensed in Virginia

A: Yes, it is possible.

When both parents have more than 90 days of parenting time, one uses the shared custody child support formula. One takes the combined incomes of both parents and finds the guideline amount of support from the table in Va. Code 20-108.2. Then, because it is shared custody, the base amount is multiplied by 1.4.

That, increased amount is then split between the parents in proportion to time. With 94 days, call it 25/75 for illustration purposes.

One parent gets 25% of the increase amount. That 25% is then shared in proportion to income. Likewise, the other parent gets 75% of the increased amount, and it is shared by income.

If parent A with 75% of the time also has 90% of the income, and parent B with 25% of the time has 10% of the income, it is possible that parent A's 90% obligation for 25% of parent B's time is greater than parent B's 10% obligation for 75% of parent A's time.

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