Child support above the Virginia schedule (2026)
Virginia's schedule stops at $42,500 of combined monthly gross income, but support does not. Above that, the schedule amount at $42,500 is increased by a fixed percentage of the combined income above it: 2.6% for one child, 3.4% for two and 3.8% for three. The total is then split by income share like any other Virginia case.
How is child support calculated above the Virginia schedule?
The schedule in Code of Virginia § 20-108.2 B lists the basic obligation for combined monthly gross incomes up to $42,500. For higher incomes, the statute says to take the amount for $42,500 and add a percentage of the combined income above $42,500:
| Children | Percentage of combined income above the schedule |
|---|---|
| 1 | 2.6% |
| 2 | 3.4% |
| 3 | 3.8% |
| 4 | 4.2% |
| 5 | 4.6% |
| 6 | 5% |
That gives the basic obligation for both parents. From there the steps are the same as at any income: add the children’s health coverage and work related child care, and split the total by each parent’s share of combined income (§ 20-108.2 G 1).
Here is one family with combined income above the schedule, step by step:
Two children, combined income above the schedule
In Virginia: 2 children; the parent the children live with earns $20,000 a month and the other parent $30,000, before tax; 0 days a year with the other parent.
Add the two incomesCode of Virginia § 20-108.2
$20,000 + $30,000 = $50,000 a month. The other parent's share is $30,000 ÷ $50,000 = 60%.
60%Look up the schedule§ 20-108.2 B, schedule of support
$50,000 is above the last row of the schedule: the top row $4,792 + 3.4% × $7,500 = $5,047.00.
$5,047.00Work out the sole-custody figure§ 20-108.2 G, sole and shared custody
$5,047.00 × 60% = $3,028.20.
$3,028.20Check 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.
$3,028.20 a month
Is there a cap on child support in Virginia?
No. Some states stop applying their formula at an income cap. Virginia’s statute does not: the percentage of the extra income applies however high combined income goes. The percentages are small, so the amount keeps rising but more slowly than income.
With the parent the children live with earning $15,000 a month and no shared custody:
Combined income from just below to well above the top of the schedule
| Other parent's income a month | 1 child | 2 children | 3 children |
|---|---|---|---|
| $20,000 | $1,640.57 | $2,385.14 | $2,943.43 |
| $27,500 | $2,139.18 | $3,100.71 | $3,796.29 |
| $35,000 | $2,450.70 | $3,532.90 | $4,306.40 |
| $45,000 | $2,820.75 | $4,040.25 | $4,899.00 |
| $60,000 | $3,320.80 | $4,717.60 | $5,681.60 |
| $85,000 | $4,080.85 | $5,734.95 | $6,844.20 |
For how Texas and New York treat high incomes, see Texas vs Virginia and New York vs Virginia.
What income counts for high earners?
Gross income includes all income from all sources: salaries, wages, commissions, royalties, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains and rental income (§ 20-108.2 C). Reasonable business expenses are deducted for a business owner, along with half of any self employment tax paid. See self employed and imputed income.
Can a court order more or less than the guideline for a high income family?
The guideline amount is presumed correct at every income level (§ 20-108.1 B). A court that orders a different amount must make written findings that the guideline would be unjust or inappropriate, state the guideline amount, and give the justification, based on the factors in § 20-108.1 B. The ones most often relevant to high incomes are:
- the standard of living the children had during the marriage (factor 10);
- extraordinary capital gains, such as from the sale of the marital home (factor 7);
- the children’s special needs and their own financial resources (factors 8 and 9);
- the earning capacity, obligations, resources and needs of each parent (factor 11);
- court ordered direct payments for the children, such as education expenses or life insurance (factor 6);
- a written agreement of the parents on the amount (factor 14).
Does shared custody change support at high incomes?
The shared custody formula works the same way: the basic obligation, including the part above the schedule, is multiplied by 1.4 and split by each parent’s time and income (§ 20-108.2 G 3). Because the basic obligation is large, the change at the shared custody line is large too:
| Days a year with the other parent | Formula | Support a month | Paid by |
|---|---|---|---|
| 0 days | Sole custody | $3,028.20 | the other parent |
| 90 days | Sole custody | $3,028.20 | the other parent |
| 91 days | Shared custody | $2,477.87 | the other parent |
| 146 days | Shared custody | $1,413.16 | the other parent |
| 182 days | Shared custody | $716.26 | the other parent |
See shared custody in Virginia.
How did the 2025 update change support for high incomes?
Chapter 702 of the 2025 Acts of Assembly (Senate Bill 805) updated the schedule amounts and extended the schedule from $35,000 to $42,500 of combined monthly income, according to the Child Support Guidelines Review Panel’s December 2025 report. Under the Constitution of Virginia, laws from a regular session take effect on 1 July, so the new schedule applies from 1 July 2025. Families with combined income between those two figures now use schedule amounts instead of the percentage rule. The calculator holds only the schedule in force from 1 July 2025, so it does not show what the earlier schedule gave.
What this guide does not cover
This guide does not cover spousal support, how a court weighs the deviation factors in a particular case, or how support for income above the guideline is litigated. The engine also leaves out these parts of Virginia’s guideline:
- Half of any self-employment tax paid is also deducted from income (not modeled).
- Reasonable and necessary unreimbursed medical and dental costs are shared in proportion to gross income as they are incurred, outside the monthly amount (§ 20-108.2 D, not modeled).
- Deductions for other children are not modeled: support paid for other children under an order or written agreement, and the schedule amount for a parent's own children living with that parent (§ 20-108.2 C).
- Disability benefits paid to the children from a parent's entitlement count as that parent's income and are credited against support (§ 20-108.2 C); not modeled.
- Low income is not modeled beyond the minimum: when the paying parent's gross income is at or below 150% of the federal poverty level, a court may set less than the statutory minimum, and the minimum does not apply to some parents (for example those imprisoned for life or totally and permanently disabled) (§ 20-108.2 B). Shared custody support is not presumed correct when either parent's income is that low (G 3 (d)).
- Days are counted as whole days; the half-day rule for an overnight of less than 24 hours (§ 20-108.2 G 3 (c)) is not modeled.
- Split custody, different schedules for different children, and mixes of sole, split and shared custody (§ 20-108.2 G 2, 4 to 6) are not modeled.
The figures are estimates of the guideline amount, not legal advice. A court can order a different amount, and an existing order only changes when it is modified.
Run your own numbers
This guide's example: in Virginia, 2 children; the parent the children live with earns $20,000 a month and the other parent $30,000, before tax; 0 days a year with the other parent. The guideline amount is $3,028.20 a month. Change any number in the calculator and every step of the formula updates.
Open this family in the Virginia calculatorQuestions
Is there a cap on child support in Virginia?
No. The schedule ends at $42,500 of combined monthly income, and § 20-108.2 B adds a fixed percentage of all combined income above that, with no upper limit.
What percentage applies above the Virginia schedule?
2.6% of the combined income above $42,500 for one child, 3.4% for two, 3.8% for three, 4.2% for four, 4.6% for five and 5% for six.
Can a Virginia judge order a different amount for a high earning family?
Yes, but only by rebutting the guideline with written findings that state the guideline amount and why it would be unjust or inappropriate, based on the factors in § 20-108.1 B, such as the children's needs and the standard of living during the marriage.
Do bonuses and investment income count?
Yes. Gross income includes bonuses, commissions, dividends, interest, trust income and capital gains (§ 20-108.2 C). Extraordinary capital gains, such as from selling the marital home, are a reason a court may deviate (§ 20-108.1 B 7).
Does shared custody work the same way at high incomes?
Yes. The shared custody formula multiplies the basic amount, including the part above the schedule, by 1.4 and splits it by time and income.
Sources
- Code of Virginia § 20-108.2, Guideline for determination of child or spousal support (subsections B and C)
- Code of Virginia § 20-108.1, Determination of child or spousal support (deviation factors)
- Review of Virginia's Child Support Guidelines (RD1035, December 2025)
- Constitution of Virginia, Article IV, Section 13 (effective date of laws)
- Figures on this page are computed by the Coparent Math engine with Virginia's rules in force on 2 Nov 2026 unless a table says otherwise, from:
- Code of Virginia § 20-108.2, checked 2 Nov 2026
- 2025 Acts of Assembly, Chapter 702 (SB 805), chaptered text, checked 2 Nov 2026
- Child Support Guidelines Review Panel, Review of Virginia's Child Support Guidelines (RD397, December 2013): Key Changes (1) and Appendix C, checked 2 Nov 2026
Related guides
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In the same hub
- Back child support (arrears) in Virginia: interest, enforcement and jail (2026)In Virginia, each child support payment that is not paid when due becomes a judgment by operation of law, and the arrears carry interest at the judgment rate of six percent a year unless the parent owed support waives it in writing (Code of Virginia §§ 20-60.3, 20-78.2, 6.2-302). Arrears are collected through income withholding, liens, tax refund offsets, credit reporting and license suspension, and a court can jail a parent for up to 12 months for contempt (§ 16.1-278.16). Arrears cannot be reduced retroactively, and they stay owed after the child turns 18 or 19.
- How a Virginia child support order is changed (2026)A Virginia child support order changes only when a court revises it, either on a parent's petition or after a review by the Division of Child Support Enforcement (DCSE), and the court needs a material change in circumstances. A change can reach back only to the date the other parent was given notice of the petition (Code of Virginia § 20-108). In DCSE reviews, a material change is deemed to exist when the guideline amount differs from the current order by at least 10 percent and at least 25 dollars a month (§ 63.2-1921 C).
- Virginia child support by income (2026)Virginia child support depends on both parents' gross incomes and the number of children. When the other parent earns $5,000 a month ($60,000 a year) and the parent the children live with earns $4,000, the guideline is $664.44 a month for one child and $977.78 for two, before health insurance, child care or shared custody. The tables below give the amount at other incomes.
- Child support for more than one child in Virginia (2026)Virginia's schedule has a column for each number of children from one to six, and each extra child adds less than the one before. For the same family, two children cost more than one but not twice as much: with incomes of $4,000 and $6,000 a month, the guideline is $750.60 for one child and $1,094.40 for two. Children from other relationships are handled by deductions from income, and split custody has its own formula.
- Health insurance, medical bills and child care in Virginia child support (2026)Virginia adds the cost of the children's health, dental and vision coverage, and child care needed because the parent the children live with works, to the basic obligation from the schedule. The total is split by income share, and a parent who pays the premium directly gets credit for it. Reasonable and necessary medical and dental bills that insurance does not cover are also shared in proportion to income, but outside the monthly amount (Code of Virginia § 20-108.2 D, E, F, G).
- Self-employment and imputed income in Virginia child support (2026)For a self-employed parent, Virginia counts gross receipts minus reasonable business expenses, and deducts half of any self-employment tax paid; the parent claiming the expenses has to prove them (Code of Virginia § 20-108.2 C). When a parent is voluntarily unemployed or underemployed, a court can base support on the income that parent could earn, within limits set by § 20-108.1 B 3.
The same topic in other states
- Child support above New York's combined income cap (2026)New York applies its child support percentages to combined parental income up to $193,000 a year, the cap in force since 1 March 2026. On income above that, Family Court Act § 413(1)(c)(3) leaves the amount to the court, which decides using the factors in paragraph (f) and/or the child support percentage. The cap is not a limit on support: it is the point where the fixed formula stops.
- Child support above the income cap in Texas (2026)Since 1 September 2025 the Texas guideline applies to the paying parent's net resources up to $11,700 a month. For one child that caps the guideline at $2,340.00 a month. A court may order more than the guideline only depending on the parents' incomes and the proven needs of the child, and never more than the greater of the guideline amount or the child's proven needs (Texas Family Code § 154.126).
Comparisons
- New York vs Virginia child support: which state is higher? (2026)For most middle income families New York's guideline is higher. For two children with incomes of $4,000 and $6,000 a month it is $1,385.25 in New York and $1,094.40 in Virginia, and New York support runs to 21 rather than 18. Virginia can come out lower still with shared custody, which its formula uses and New York's does not, while at very high incomes Virginia, which has no cap, can be higher.
- Texas vs Virginia child support: which state is higher? (2026)It depends mostly on two things: the income of the parent the children live with, and custody time. Texas looks only at the paying parent's net income, so for two children and a paying parent earning $6,000 a month it is $1,239.21 whatever the other parent earns. Virginia uses both incomes and is $1,094.40 when the other parent earns $4,000, and $258.86 with 182 days a year of shared time. When the parent the children live with has no income, or at very high incomes, Virginia can be higher.
More about Virginia
- Child support and your tax refund: the offset rules (2026)Yes. Under 42 U.S.C. § 664, the Treasury withholds a federal tax refund to pay past-due child support that a state child support agency has certified, and sends the money to that state. A case qualifies when at least $150 is owed on support assigned to the state for public assistance, or at least $500 in other cases (45 CFR 303.72). The state must send a notice first that explains how to contest the amount, and a spouse on a joint return can claim their share back with IRS Form 8379.
- Child support when parents live in different statesWhen parents live in different states, the court that sets support applies its own state's law and guideline (Texas Family Code § 159.303). A state can make an order against a parent who lives elsewhere only on one of the jurisdiction bases in the Uniform Interstate Family Support Act (§ 159.201); otherwise the case is heard in the other parent's state, with the two states' child support agencies working together. An order from another state is registered to be enforced, and in Texas the other party has 30 days after notice to contest it (§ 159.605).
- Does 50/50 custody mean no child support? Texas, New York and Virginia (2026)No. In Texas, New York and Virginia, equal time with each parent does not by itself end child support. Only Virginia's guideline uses the number of days: above 90 days a year with each parent, a shared custody formula lowers support, and with equal time the parent who earns more usually pays the difference. Texas and New York apply their usual formula; in Texas, parenting time is a factor a court may weigh to depart from it, and New York's statute has no shared custody formula, but with truly equal time its appellate courts make the parent with the larger income share the paying parent.
- How child support is calculatedEvery state sets a guideline formula in law, and courts apply it unless they find it unjust or inappropriate. The formula takes the parents' income (gross or net, one parent's or both), turns it into a base amount with a percentage or a schedule, adds some costs such as child care and health insurance, and in some states adjusts for parenting time and very low or high incomes. Texas, New York and Virginia each do these steps differently, so the same family gets a different figure in each.
- Income shares vs percentage of income: how child support models differ (2026)A percentage of income model sets support as a fixed share of the paying parent's income, and the other parent's income does not enter the formula. An income shares model starts from both parents' combined income, finds the basic support amount the guideline sets for that income, and splits it in proportion to each parent's income. Texas uses a percentage of the paying parent's net resources, Virginia uses income shares, and New York applies a fixed percentage to both parents' combined income and splits it by income.
- Child support and taxes: what the IRS says (2026)Child support is neither taxable nor deductible under federal tax law: the IRS says child support payments are not deductible by the parent who pays them and not taxable to the parent who receives them. Who claims the child is a separate question. The IRS treats the parent the child lived with for more nights in the year as the one entitled to claim the child; that parent can release the child tax credit to the other parent with Form 8332, but head of household status, the earned income credit and the child care credit stay with the parent the child lived with.