Understanding the Income Shares Model

Virginia follows the Income Shares Model, which is designed to estimate the amount parents would spend on their child if they lived together. This model ensures that both parents contribute fairly based on their individual income levels.

Here’s how it works:

• The combined gross monthly income of both parents is used as the starting point.
• Virginia provides a support guideline table to determine the total support obligation based on income and number of children.
• Each parent’s share of the obligation is calculated based on their percentage of the total income.
• Adjustments are made depending on how many overnights the child spends with each parent.
• The guidelines apply to combined gross incomes of up to $35,000 per month. For incomes above that threshold, courts may use discretion based on the child’s needs and standard of living.

This method provides a fair and consistent structure for determining support but can become complex in cases involving shared custody, irregular income, or additional child-related expenses.

Key Factors in the Calculation:

• Combined Gross Income: The total of both parents’ monthly earnings
• Number of Children: Determines the base obligation from the state’s guideline table
• Overnight Stays: Support amounts are adjusted based on how many nights the child spends with each parent
• Health & Childcare Costs: Factored into the final amount

Guidelines and Thresholds

• Standard Guidelines: Apply to combined gross incomes of up to $35,000/month
• Above Threshold: For higher incomes, courts have discretion to set support amounts that maintain the child’s standard of living, considering needs and expenses

Relevant Case Law

• Niblett v. Niblett (2005): This case reinforced the use of child support guidelines and allowed for deviations when justified by unique circumstances.
• Carter v. Carter (2016): The court emphasized that extraordinary child expenses could warrant deviations from standard guideline calculations.

Arrears and Collection

• Enforcement Mechanisms: Virginia uses wage withholding, liens, and license suspensions to collect child support arrears. Interest on past-due support can also be imposed to encourage compliance.
• Defenses: Defenses against collection may include proving that the child was in the paying parent’s care or demonstrating significant changes in financial circumstances.