How is a deviation from the presumptive guideline calculated?

In Virginia, deviation from the presumptive guideline for child support is determined by looking at a number of factors. To begin, the court will consider the gross income of both parties. From there, they will look at the actual living expenses of the parties and any extraordinary expenses they have (such as medical expenses or childcare). They will also consider additional factors that could affect the amount of money the obligor (the parent paying child support) should be expected to pay, such as the age of the children, work-related child care expense incurred, insurance premiums, and other necessary expenses. The court must then assess the total amount of money that each party should be expected to pay for the care and support of the children. This amount, referred to as the “adjusted presumptive amount,” is the amount considered as a deviation from the presumptive guideline. If the court determines that the adjusted presumptive amount is greater than the presumptive guideline, the court can order a deviation from the guideline that is in the best interests of the children. Likewise, if the adjusted presumptive amount is lower than the presumptive guideline, the court can order a deviation from the guideline to ensure that the paying parent meets their financial obligations. The court will also consider any other relevant factors that could affect the amount of money the paying parent is expected to pay. If the court finds that it is in the best interests of the children, the court can order a deviation from the guideline to ensure that the obligor meets their financial obligations. The court has the discretion to order any amount of deviation from the guideline that takes into consideration the best interests of the children.

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How is a deviation from the presumptive guideline calculated?

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