There shall be a rebuttable presumption that the amount of child support that results from the application of the guidelines is the correct amount of child support pursuant to §§
20-108.1, 20-108.2, and 63.2-1918 of the Code of Virginia. Deviations from the guidelines shall be allowed as follows:
1. When either natural or adoptive parent is found to be voluntarily unemployed or fails to provide financial information upon request, income shall be imputed as indicated in this subdivision. A natural or adoptive parent is determined to be voluntarily unemployed when the parent quits a job without good cause or is fired for cause.
a. The current or last available monthly income shall be used to determine the obligation if that income is representative of what the natural or adoptive parent could earn or otherwise receive.
b. If actual income is not available, imputation shall take into consideration the specific circumstances of the noncustodial parent to the extent known, including such factors as the noncustodial parent's assets, residence, employment and earnings history, job skills, educational attainment, literacy, age, health, criminal record and other employment barriers, and record of seeking work, as well as the local job market, the availability of employers willing to hire the noncustodial parent, prevailing earnings level in the local community, and other relevant background factors in the case.
2. In non-TANF cases where there is a signed, written agreement for child support, the child support obligation may be set at the agreed amount but at no less than the statutory minimum pursuant to §
20-108.2 of the Code of Virginia.
3. No other deviations from the child support guidelines may be made in establishing or adjusting administrative support orders or reviewing court orders. Should potential deviation factors exist, as stated in §
20-108.1 of the Code of Virginia, refer the case to court for additional action.
Notes
22 Va. Admin. Code §
40-880-240
Derived from
VR615-70-17 §4.8, eff. February 28, 1990; amended, Virginia Register
Volume 6, Issue 26, eff. October 24, 1990; Volume 7, Issue 15, eff. July 1,
1991; Volume 8, Issue 4, eff. July 1, 1992; Volume 8, Issue 19, eff. July 15,
1992; Volume 18, Issue 14, eff. April 24, 2002; Amended,
Virginia
Register Volume 31, Issue 10, eff. 2/12/2015; Amended,
Virginia
Register Volume 35, Issue 12, eff.
3/21/2019; Amended, Virginia Register Volume 41, Issue 19, eff. 6/19/2025.
Statutory Authority: §
63.2-217 of the Code of Virginia; 42 USC §
651 et seq.
