New York vs Virginia child support: which state is higher? (2026)

Is child support higher in New York or Virginia?

For most middle income families, New York. Two children, with the parent they live with earning $4,000 a month and no shared custody, at a range of incomes for the other parent:

Other parent's income a month	New York	Virginia
$2,000	$51.50	$496.33
$4,000	$923.50	$821.00
$6,000	$1,385.25	$1,094.40
$9,000	$2,077.88	$1,510.62
$12,000	$2,770.50	$1,838.25
$20,000	$3,358.37	$2,699.17
$40,000	$3,666.78	$4,402.73

The two states are closer in method than either is to Texas: both combine the parents’ incomes and split the total by income share. They differ in how the total is set, in the cap, in custody time, and in how long support lasts.

How do New York and Virginia calculate child support?

	New York	Virginia
Law	Family Court Act § 413	Code of Virginia § 20-108.2
Income base	Gross income minus Social Security and Medicare	Gross income
Basic amount	A flat percentage of combined income	A schedule for combined income
Two children	25%	From the schedule
Cap	$193,000 a year of combined income	None
Child care and health insurance	Added and split by income	Added and split by income
Custody time	No formula	Formula above 90 days a year
Low incomes	Fixed small amounts below the poverty guideline or the self-support reserve	Bottom rows of the schedule and a presumptive minimum

New York: two children

In New York: 2 children; the parent the children live with earns $4,000 a month and the other parent $6,000, before tax.

1. Take off Social Security and MedicareFCA § 413(1)(b)(5)(vii)(H) and DRL § 240(1-b)(b)(5)(vii)(H), FICA paid

   Social Security and Medicare come off each income: the other parent $6,000 − $459.00 = $5,541.00, and the parent the children live with $4,000 − $306.00 = $3,694.00 a month. $3,694 + $5,541 = $9,235 a month. The other parent's share is $5,541 ÷ $9,235 = 60%.

   60%

2. Apply the percentage up to the capFCA § 413(1)(b)(3) and (1)(c)(2) and DRL § 240(1-b), percentages and the cap

   $9,235 × 12 = $110,820 a year, within the $193,000 cap. 25% × $110,820 = $27,705 a year for both parents. The other parent's share: $27,705 × 60% ÷ 12 = $1,385.25 a month.

   $1,385.25 a month

Virginia: the same family, sole custody

In Virginia: 2 children; the parent the children live with earns $4,000 a month and the other parent $6,000, before tax; 0 days a year with the other parent.

1. Add the two incomesCode of Virginia § 20-108.2

   $4,000 + $6,000 = $10,000 a month. The other parent's share is $6,000 ÷ $10,000 = 60%.

   60%

2. Look up the schedule§ 20-108.2 B, schedule of support

   The schedule's amount for $10,000 of combined income and 2 children.

   $1,824.00

3. Work out the sole-custody figure§ 20-108.2 G, sole and shared custody

   $1,824.00 × 60% = $1,094.40.

   $1,094.40

4. Check for shared custody§ 20-108.2 G, sole and shared custody

   0 days with the other parent is not more than 90, so the sole-custody figure applies.

   $1,094.40 a month

Why is New York usually higher at middle incomes?

New York’s percentage stays the same as income rises, up to the cap. Virginia’s schedule takes a smaller share of income as combined income rises, and Virginia’s split by income share means a parent the children live with who earns more lowers the other parent’s share. New York’s split does too, but below the cap the paying parent’s share of the combined amount equals the percentage applied to that parent’s own income after Social Security and Medicare.

Parent the children live with earns	New York	Virginia
$0	$1,385.25	$1,489.00
$4,000	$1,385.25	$1,094.40
$10,000	$1,385.25	$919.13

How does shared custody change the comparison?

Virginia switches to a shared custody formula when each parent has the children more than 90 days a year (§ 20-108.2 G 3). New York’s statute has no shared custody formula and the calculator applies the standard New York formula whatever the schedule; extraordinary visitation expenses are among New York’s deviation factors (§ 413(1)(f)). At 182 days a year with the other parent:

State	Guideline model	Support a month	Paid by
New York	Combined income, up to a cap	$1,385.25	the other parent
Virginia	Income shares	$258.86	the other parent

See how custody time changes support.

Which state is higher at high incomes?

New York applies its percentage to combined income up to $193,000 a year; for income above that, the court decides using the factors in § 413(1)(f) and/or the percentage. Virginia’s schedule runs to $42,500 of combined income a month, and above that a fixed percentage of the extra income is added, with no cap (§ 20-108.2 B). The figures in the first table at the highest incomes show New York’s amount up to the cap only. See high incomes in Virginia.

Which state is higher at low incomes?

New York’s low income rules (§ 413(1)(d)) set the basic amount at $25 a month when paying would leave the paying parent below the poverty guideline, and at the income above the self-support reserve of $21,546 a year, at least $50 a month, when it would leave them below the reserve. Virginia uses the bottom rows of its schedule and presumes what § 20-108.2 B calls the statutory minimum, which a court can lower in the cases the statute lists. See low incomes in Virginia.

Other parent's income a month	New York	Virginia
$1,000	$25.00	$184.67
$1,500	$25.00	$273.00
$2,000	$51.50	$360.50
$2,500	$392.49	$442.22
$3,000	$470.99	$523.20

How long does support last, and how is it changed?

	New York	Virginia
Usual end	21 (§ 413(1)(a))	18
High school student	Covered to 21	To 19 or graduation, whichever is first, if full time, not self supporting and living at home (§ 20-124.2 C)
Changing the amount	After three years, or a 15 percent change in either parent’s gross income, unless the parents opted out (§ 451)	A material change; in reviews by the state’s Division of Child Support Enforcement, a difference of at least 10 percent and at least 25 dollars a month is deemed one (§ 63.2-1921 C)

What this comparison does not cover

It compares guideline amounts only. It does not cover which state can set or change an order when the parents live in different states; see moving to another state and parents in different states. New York City and Yonkers income taxes, spousal maintenance, and the Virginia rules listed in the Virginia guide are not modeled. The figures are estimates, not legal advice.