Deviation From Child Support Guidelines

The Commonwealth of Virginia has very specific “child support guidelines” established by the Virginia Code, and reasons to deviate from those guidelines are also set forth in the Virginia Code. The guidelines are based upon the gross monthly income of the parents and the number of children that they have in common as well as some other factors. However, the Fairfax County Circuit Court and Juvenile Court does have the ability to deviate from the prescribed guideline if the result of the calculation is inappropriate to a particular case.

The following factors may be considered grounds to amend a child support order by the Fairfax County Circuit Court or Juvenile Court:

• Monetary support for other family or former family members (i.e. alimony, child support to children from other marriages)
• Special arrangements regarding the custody of the children—including the cost of visitation or travel to or from Fairfax County;
• Imputed income to a party who is voluntarily unemployed or voluntarily under-employed; provided that income may not be imputed to the custodial parent when a child is not in school, child care services are not available and the cost of such child care services are not included in the computation and provided further, that any consideration of imputed income based on a change in a party’s employment shall be evaluated with consideration of the good faith and reasonableness of employment decisions made by the party;
• Debts of either party arising during the marriage for the benefit of the child;
• Direct payments ordered by the court for maintaining life insurance coverage pursuant to subsection D, education expenses, or other court-ordered direct payments for the benefit of the child;
• Extraordinary capital gains such as capital gains resulting from the sale of the marital abode;
• Any special needs of a child resulting from any physical, emotional, or medical condition;
• Independent financial resources of the child or children;
• Standard of living for the child or children established during the marriage;
• Earning capacity, obligations, financial resources, and special needs of each parent;
• Provisions made with regard to the marital property under § 20-107.3, where said property earns income or has an income-earning potential;
• Tax consequences to the parties including claims for exemptions, child tax credit, and child care credit for dependent children;
• A written agreement, stipulation, consent order, or decree between the parties which includes the amount of child support; and
• Such other factors as are necessary to consider the equities for the parents and children.

Whether you are seeking a positive or negative deviation from the Fairfax County Circuit Court or Juvenile Court, your attorney will have to argue that one or more of these conditions exist, and that condition or conditions make the calculated payment inappropriate to the circumstances. Court ordered deviations are not always granted in Fairfax, Virginia. If you are attempting to get the Fairfax County Circuit Court to deviate from the guidelines in a child support matter, you should seek the services of a qualified, professional family law attorney.

Virginia Divorce and Family Law Attorney Claudia Zucker

Do you need a divorce attorney? Do you have questions about deviation from child support guidelines? We invite you to contact us today at (703) 596-1005. We're always just a phone call away.