Child support at low incomes in Virginia (2026)

What is the minimum child support in Virginia?

Code of Virginia § 20-108.2 B says that when the sole custody support worked out under the guideline is less than “the statutory minimum per month”, there is “a presumptive minimum child support obligation of the statutory minimum per month”, owed by the paying parent. The subsection does not say what the statutory minimum is in dollars, and the Division of Child Support Enforcement’s regulation also refers only to “the statutory minimum pursuant to § 20-108.2”.

The words have a history. Until 2014 the subsection named a flat dollar amount, the same for one to six children, which was also the amount in the schedule’s lowest rows. The Child Support Guidelines Review Panel’s 2013 report proposed a new schedule and replaced that figure with “the statutory minimum”, explaining that in the new schedule the minimum differs with the number of children. The General Assembly enacted the wording in 2014, and the 2025 update of the schedule (2025 Acts of Assembly, chapter 702) changed the amounts above the lowest rows but kept the words.

So the statutory minimum is the schedule’s lowest row, for combined monthly gross income up to $350, in the column for the number of children. The calculator applies it:

Children	Statutory minimum, a month
1	$68.00
2	$104.00
3	$126.00
4	$141.00

For one child the figure, $68 a month, is the same whichever way the words are read. For two or more children it rests on the panel’s report: no court decision or Division of Child Support Enforcement rule states it, and some readers take the minimum to be the one-child figure for every family. Results where the minimum for two or more children sets the amount are marked not confirmed.

The minimum is a presumption, not a fixed floor. The next two sections cover when a court can go lower and who is exempt.

Can a court set child support below the minimum?

Yes. Under § 20-108.2 B, if the paying parent’s gross income is equal to or less than 150 percent of the federal poverty level published by the U.S. Department of Health and Human Services, the court may set an amount below the presumptive minimum after hearing evidence that there is no ability to pay it. The lower amount may not create or reduce support to a level that seriously impairs the ability of the parent the child lives with to maintain minimal adequate housing and provide other basic necessities for the child.

Who is exempt from the minimum?

Section 20-108.2 B lists parents who are unable to pay because they lack sufficient assets and who, in addition:

• are institutionalized in a psychiatric facility;
• are imprisoned for life with no chance of parole;
• are medically verified to be totally and permanently disabled with no evidence of potential for paying, including recipients of Supplemental Security Income; or
• are otherwise involuntarily unable to produce income.

How much is child support at low incomes?

At low incomes the schedule amounts are a larger share of income than higher up, and the amount each parent owes depends on both incomes. With the parent the children live with earning $2,500 a month and no shared custody:

The other parent's income from none to a full time wage

Other parent's income a month	1 child	2 children
$0	$68.00	$104.00
$500	$92.33	$139.33
$1,000	$182.00	$274.86
$1,500	$270.38	$408.00
$2,000	$353.78	$532.00
$3,000	$515.45	$769.09

The first row, where the other parent has no income, is where the presumptive minimum comes in. The rows above it come straight from the schedule and the income shares.

What counts as income, and what does not?

Gross income includes wages, unemployment insurance benefits, workers’ compensation, disability insurance benefits, Social Security benefits (with exceptions), pensions and spousal support received (§ 20-108.2 C). It does not include:

• benefits from public assistance and social services programs defined in § 63.2-100;
• federal Supplemental Security Income benefits;
• child support received; or
• income from a second job, self employment or overtime taken on to pay off a court ordered child support arrearage, while the arrearage is being paid. Ending that extra work is not a material change for modifying the order.

Is income imputed to a parent who is not working?

A court can base support on income a parent could earn, rather than what they earn, when the parent is voluntarily unemployed or voluntarily underemployed (§ 20-108.1 B 3). The statute sets limits:

• income may not be imputed to the parent the child lives with when a child is not in school, child care is not available, and the cost of child care is not included in the calculation;
• a change of job is judged on the good faith and reasonableness of the decision, including leaving work to complete an education or training program likely to keep or raise earning potential;
• incarceration of 180 or more consecutive days is not voluntary unemployment, and is itself a material change for modifying support.

In cases the Division of Child Support Enforcement handles, its regulation treats a parent as voluntarily unemployed when the parent quits without good cause or is fired for cause (22VAC40-880-240). More detail is in self employed and imputed income.

Does shared custody work differently at low incomes?

Yes. Under § 20-108.2 G 3 (d), if either parent’s gross income is equal to or less than 150 percent of the federal poverty level, the shared custody figure is not presumed correct, and the court may consider whether the sole custody or the shared custody figure is more just and appropriate. The calculator does not apply this rule; it shows the shared custody figure.

Days a year with the other parent	Formula	Support a month	Paid by
0 days	Sole custody	$270.38	the other parent
90 days	Sole custody	$270.38	the other parent
91 days	Shared custody	$126.87	the other parent
146 days	Shared custody	$25.24	the parent the children live with
182 days	Shared custody	$124.79	the parent the children live with

Where can a parent who is struggling to pay get help?

The Division of Child Support Enforcement runs Family Engagement Services for parents facing challenges making payments. It connects parents with job and training resources, GED programs, and other services, and can be reached through the When Life Affects Payments page. A parent whose income has dropped can also ask for a review of the order; see changing an order.

What this guide does not cover

This guide does not state the dollar value of the federal poverty level or 150 percent of it, does not cover how courts weigh evidence of ability to pay, and does not cover arrears or enforcement. 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.