Health Care, Child Care and Deviations in Virginia

By the FigureMyTax Editorial Team · How we calculate

Virginia adds the children’s health, dental and vision coverage and work-related child care to the basic obligation, shares unreimbursed medical costs by gross income, sets a $68 presumptive minimum and allows deviations only on written findings.

Health, dental and vision coverage

The cost of health care coverage, vision and dental coverage for the children that a parent or the parent’s spouse pays is added to the basic obligation. The cost per person is the insurer’s per-child cost or, if not provided, the total cost less the cost of individual coverage for the policyholder, divided by the other covered persons (Va. Code 20-108.2(E)). A $200 premium the custodial parent pays raises the example to $1,214; if the noncustodial parent pays it directly it is credited against his or her share and the amount is $1,014.

Child care

Child care costs due to the custodial parent’s employment are added to the basic obligation, not exceeding the cost of quality care from a licensed source; the court may require documentation, may consider the other parent’s willingness to provide care and, on request and a showing of tax savings, factors in the actual tax consequences. With $600 of child care the other parent pays $1,454.

Unreimbursed medical and dental costs

Reasonable and necessary unreimbursed medical or dental expenses, including eyeglasses, prescriptions, orthodontics and mental health services, are shared in proportion to gross income, as incurred; they are not added to the guideline amount (20-108.2(D)).

The $68 minimum

If the sole custody amount is less than the statutory minimum, there is a presumptive minimum of $68 a month, except for obligors exempt as institutionalized, imprisoned for life, totally and permanently disabled (including SSI recipients) or otherwise involuntarily unable to produce income. An obligor at or below 150% of the federal poverty level who cannot pay can be set lower if it does not seriously impair the custodial parent’s ability to provide basic necessities. The 150% test also means the shared amount is not presumptively correct.

Deviations

The guideline amount is presumed correct. To depart from it the court must make written findings that it would be unjust or inappropriate, state the guideline amount and justify the variance on fifteen factors, including actual support for other family members, custody and visitation travel costs, imputed income, special needs of the child, the child’s own resources, the standard of living, tax consequences and agreements (Va. Code 20-108.1(B)).

Documents to gather

Premium statements showing the children’s cost, child care invoices and records of unreimbursed medical bills.

Other orders

The court may order health care coverage or cash medical support for the children, require life insurance for them and allocate the dependency exemption (20-108.1).

Frequently asked questions

Official sources

• Va. Code 20-108.2: guideline for determination of child support
• Va. Code 20-108.1: determination of child or spousal support; deviation factors

This is general information, not legal advice. It is based on the cited Virginia statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Virginia attorney.