Virginia Special Needs
In Virginia, child support is determined using the income shares model, which considers both parents’ gross income, the number of children, and the time each parent spends with the child. This model is outlined in Virginia Code § 20-108.2 and is designed to ensure fair contributions from both parents based on their financial capabilities.
However, when a child has special needs, Virginia courts may deviate from the standard calculation to account for extraordinary expenses associated with medical care, therapy, or other essential services.
Special Needs and Deviations
Courts may adjust child support to cover:
- Medical and Therapy Costs: Includes expenses for ongoing treatment, mental health support, and special education programs not covered by insurance.
- Day Care and Specialized Supervision: Covers child care arrangements needed due to physical or developmental disabilities, including trained caregivers or special facilities.
Case Law
- Virginia courts have consistently recognized the importance of supporting children with disabilities—even beyond the age of 18—if the disability was present before adulthood and prevents the child from becoming self-sufficient.
- In Chesapeake v. Helwig, the court affirmed that support obligations can be modified and extended to accommodate lifelong care needs. This case serves as a precedent for increasing child support based on ongoing medical or developmental challenges.
Child Support Arrears
If a parent fails to meet their support obligations, Virginia enforces collection through:
- Wage garnishment
- Property liens
- Interception of federal or state tax refunds
Additionally, interest accrues on unpaid amounts, and serious legal penalties may apply for continued non-payment.
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Frequently Asked Questions
How does Virginia calculate child support using the income shares model for children with special needs?
Under Virginia Code § 20-108.2, the income shares model combines both parents’ gross incomes, the number of children, and parenting time to determine basic obligations, with adjustments for special needs like medical or therapy costs added as deviations to ensure proportional contributions reflecting the child’s extraordinary requirements.
Under what circumstances can Virginia courts deviate from standard child support for special needs?
Courts may deviate to cover extraordinary expenses, including medical and therapy costs (e.g., ongoing treatment, mental health support, special education not insured), and day care or specialized supervision for physical/developmental disabilities, prioritizing the child’s ideal interests and lifelong care needs.
How has case law like Chesapeake v. Helwig shaped special needs child support in Virginia?
Virginia courts recognize extended support beyond age 18 for disabilities present before adulthood that prevent self-sufficiency. In Chesapeake v. Helwig, the court affirmed modifications for lifelong care, setting a precedent for increasing support based on ongoing medical or developmental challenges to meet the child’s unique demands.
What enforcement options does Virginia provide for child support arrears in special needs cases?
For unpaid obligations, enforcement includes wage garnishment, property liens, and interception of federal or state tax refunds, with interest accruing on arrears under § 20-78.2; continued non-payment can lead to serious penalties, ensuring funds for critical special care are secured.
What recent updates to Virginia child support laws affect special needs cases as of October 2025?
Effective July 1, 2025, SB 805 amended § 20-108.2, raising the combined gross monthly income cap for guidelines from $35,000 to $42,500 and updating obligation schedules, allowing for higher baseline support and deviations to better cover extraordinary special needs expenses like therapy or adaptive equipment.