Shared custody child support in Virginia (2026)
Virginia uses its shared custody formula when each parent has the children for more than 90 days a year. The schedule amount is multiplied by 1.4, each parent owes their share for the time the children spend with the other parent, and the difference is paid. The shared figure applies unless a parent shows the sole custody figure is lower.
When does Virginia use the shared custody formula?
Virginia switches from its sole custody formula to its shared custody formula when each parent has the children for more than 90 days a year. The test is on the parent with fewer days: that parent needs more than 90 of them.
The statute, Code of Virginia § 20-108.2 G 3, counts a day as a period of 24 hours. One overnight is treated differently: when the parent with fewer overnights has the children overnight but for less than 24 hours, each parent is presumed to get half a day for that period.
How is shared custody support calculated in Virginia?
The formula has four parts:
- Income shares. Add both parents’ monthly gross incomes and work out each parent’s share of the total.
- The shared need. Look up the basic obligation for that combined income and number of children in the schedule, then multiply it by 1.4.
- What each parent owes. Each parent owes their income share of the shared need for the days the children spend with the other parent, plus their income share of the child care and health insurance the other parent pays.
- The difference. The parent who owes more pays the difference.
Here is the whole calculation for one family, with the arithmetic written out by the engine:
How Virginia gets to $650.28 a month
In Virginia: 1 child; the parent the children live with earns $4,000 a month and the other parent $6,000, before tax; 146 days a year with the other parent; child care of $500 a month, paid by the parent the children live with.
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%Look up the schedule§ 20-108.2 B, schedule of support
The schedule's amount for $10,000 of combined income and 1 child.
$1,251.00Work out the sole-custody figure§ 20-108.2 G, sole and shared custody
($1,251.00 + child care $500) × 60% = $1,050.60.
$1,050.60Check for shared custody§ 20-108.2 G, sole and shared custody
146 days with the other parent is more than 90, and so is the rest of the year with the parent the children live with, so shared custody applies. Shared need = $1,251.00 × 1.4 = $1,751.40. The other parent's custody share is 146 ÷ 365 = 40%.
$1,751.40Work out the shared-custody figure§ 20-108.2 G, sole and shared custody
The other parent: $1,751.40 × 60% income share × 60% of the year with the parent the children live with = $630.50, plus 60% of the costs the parent the children live with pays, $300.00, so $930.50. The parent the children live with: $1,751.40 × 40% income share × 40% of the year with the other parent = $280.22. Difference: $930.50 − $280.22 = $650.28, paid by the other parent.
$650.28Take the lower of the two§ 20-108.2 G, sole and shared custody
When the other parent pays, the lower of the sole and shared figures applies when a party shows it.
Sole custody $1,050.60Shared custody $650.28, applies$650.28 a month
What does “the lower of the two” mean?
Virginia works out two figures: what support would be under sole custody, and what it is under the shared formula. Section 20-108.2 G 3 says:
- The shared figure is the starting point. It is the support to be paid unless a parent shows that the sole custody figure is lower.
- If a parent shows that, the lower figure is the support.
- When the shared formula has the parent the children live with paying the other parent, the shared figure counts as the lower one.
The sole custody figure does not depend on the days. For the family above it is $1,050.60 a month, the amount the guideline gives at 90 days, where shared custody does not apply. The shared figure at the family’s 146 days is $650.28, so the shared figure is the lower one and applies.
How do the days with each parent change the amount?
The amount drops at the line where shared custody starts, then keeps falling as the time evens out. The same family at different numbers of days with the other parent:
| Days a year with the other parent | Formula | Support a month | Paid by |
|---|---|---|---|
| 60 days | Sole custody | $1,050.60 | the other parent |
| 90 days | Sole custody | $1,050.60 | the other parent |
| 91 days | Shared custody | $914.19 | the other parent |
| 120 days | Shared custody | $775.04 | the other parent |
| 146 days | Shared custody | $650.28 | the other parent |
| 182 days | Shared custody | $477.54 | the other parent |
The step between 90 and 91 days comes from the switch of formula, not from one extra day of costs. That is why the way days are counted, including half days for short overnights, matters to both parents.
Can the parent the children live with be the one who pays?
Yes. The shared formula looks at both incomes and both parents’ time, so when the parent the children live with most earns more and the time is close to even, that parent can owe the difference. With incomes of $8,000 for the parent the children live with and $4,000 for the other parent, one child and 182 days with the other parent, the guideline is $328.61 a month, paid by the parent the children live with to the other parent.
Open this family in the Virginia calculatorWhen does the shared figure not apply?
Section 20-108.2 G 3 sets limits on the shared formula that the calculator does not apply:
- If either parent’s gross income is at or below 150 percent of the federal poverty level, the shared figure is not presumed correct, and the court may consider whether the sole or the shared figure is more just and appropriate.
- The shared formula may not create or reduce support to an amount that seriously impairs the ability of the parent the children live with most to provide minimal adequate housing and other basic necessities for the children.
- When one parent consistently does not exercise custody or visitation in line with their custody share, there is a rebuttable presumption that the support award should be modified.
What this guide does not cover
This guide covers one shared custody arrangement for all the children. Split custody (each parent has at least one child) and mixed arrangements, which the statute handles in G 2 and G 4 to G 6, are not covered, and the calculator does not compute them. 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. 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, 1 child; the parent the children live with earns $4,000 a month and the other parent $6,000, before tax; 146 days a year with the other parent; child care of $500 a month, paid by the parent the children live with. The guideline amount is $650.28 a month. Change any number in the calculator and every step of the formula updates.
Open this family in the Virginia calculatorQuestions
How many days count as shared custody in Virginia?
More than 90 days a year with each parent. The statute counts a day as a period of 24 hours. When the parent with fewer overnights has an overnight with the children that lasts less than 24 hours, each parent is presumed to get half a day for it.
Does shared custody always lower child support in Virginia?
Not in every case by the same amount. The shared figure is the starting point, and if a parent shows the sole custody figure is lower, the lower one applies. For the example family it falls from $914.19 at 91 days to $477.54 at 182 days.
Can the parent the children live with end up paying support?
Yes. When that parent earns more and the time is close to even, the shared formula can make them the one who pays. With $8,000 and $4,000 a month, one child and 182 days with the other parent, the guideline is $328.61 a month, paid by the parent the children live with to the other parent.
Is the 1.4 multiplier applied to child care?
No. It applies to the schedule amount only. Work related child care and health insurance costs are added afterwards and shared by income.
What if a parent does not use the custody time the order is based on?
The statute says that when one parent consistently does not exercise custody or visitation in line with their custody share, there is a rebuttable presumption that the support award should be modified.
Sources
- Code of Virginia § 20-108.2, Guideline for determination of child or spousal support (subsection G 3, shared custody support)
- 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
Up
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.
- 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.
- 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).
The same topic in other states
- Child support with shared or 50/50 custody in New York (2026)Yes, child support can still be owed with shared or 50/50 custody in New York. The guideline has no shared custody formula: the parent the children live with most is treated as the one who receives support, and the other parent's share is worked out with the usual percentages. When time is truly equal, the appellate courts treat the parent with the larger share of combined income as the paying parent, and a court can depart from the guideline for reasons the statute lists, including the costs of extended time with the children.
- Shared custody and child support in Texas (2026)Texas has no shared custody formula. The guideline is a percentage of the paying parent's net resources whatever the possession schedule, and joint managing conservators can still be ordered to pay each other support (Texas Family Code § 153.138). The time children spend with each parent is one of the factors a court weighs when it decides whether to order a different amount (§ 154.123(b)(4)).
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.