By Christian Lapham and Livia Paschke

In July 2025, Virginia implemented its first major update to child support guidelines in more than a decade.[1]

For families with higher earnings, these changes may significantly affect the amount of child support in cases filed both before and after July 1, 2025. For parents who either pay or receive child support in Virginia, understanding this updated Statute is essential for protecting your financial interests and ensuring your child’s needs are met.

The Higher Income Cap in Virginia’s Guidelines

The presumptive monthly child support amount under Virginia Code § 20-108.2 now covers families with a combined gross monthly income up to $42,500, an increase from the previous statutory cap of $35,000. This change means that many high-earning families in Northern Virginia counties like Fairfax, Arlington, and Loudoun, who once fell outside the guidelines, are now covered by a clear and defined presumptive support formula. Now, parents earning between $35,000 and $42,500 per month combined no longer have to rely on judicial discretion when deciding monthly child support payments. Instead, the law provides a predictable and pre-calculated chart.

While this update automatically affects support obligations for families who file their cases on or after July 1, 2025, the update may have significant effects on families with pre-existing child support orders.

Under Virginia law, parents may petition the court and request the modification of an existing child support order. To qualify for the modification, the petitioning parent must show that there has been a material change in circumstances since the court issued its last order. A material change in circumstance can include (i) a change in a party’s employment or educational training,[2] (ii) a substantial change in a party’s income,[3] (iii) a decrease in a party’s income,[4] (iv) modification to a child custody order,[5] and especially relevant here, (v) a substantive amendment to the child support guidelines.[6]

Once the Court finds that a ‘material change’ exists, it will recalculate the child support obligation using the new 2025 Guidelines.[7] Therefore, if the new formula produces a noticeably different amount from your current order, it may be worth consulting an attorney to determine whether an adjustment is possible.

Calculating Support Above the Cap

The new guidelines also include calculations for incomes that exceed the cap of $42,500 per month. Now, the court starts with the base support figure at $42,500 and adds a percentage of the income above that threshold. The exact percentage added depends on the number of children in the family. For example, for a family with one child, the additional percentage is 2.6%, for two children, it’s 3.4%, and it gradually increases to a maximum of 5% for six children.

To illustrate, consider parents with a combined gross monthly income of $50,000 and one child. The court will first determine the guideline amount for $42,500, which is $3,306. Then it will calculate 2.6% of the additional $7,500 – about $195 –and add that to the base figure, equaling to a monthly support payment of $3,501. This approach allows child support to increase while scaling the percentage so that obligations don’t grow disproportionately due to very high earnings.

The Broad Definition of “Gross Income”

One of the most important aspects of Virginia’s child support system is its broad definition of gross income. Under the statute, gross income includes almost every form of compensation or financial benefit that a parent receives: salaries, wages, commissions, and bonuses are obvious inclusions, but the list extends far beyond those.[8] For example, the statute considers dividends, interest, capital gains, rental income, pensions, retirement distributions, and even monetary gifts or prizes to count toward gross income.[9]

Williams v. Sykes-Williams, a 2022 case underscores this point. In that matter, the Virginia Court of Appeals affirmed that a $52,000 gift to cover legal fees qualified as income for support purposes.[10] Even irregular or one-time funds may still be considered if they increase the resources available to the parent.[11]

For individuals with income derived from self-employment, a partnership, rental income, or a closely held business, Virginia law allows the deduction of reasonable business expenses from the individual’s gross income.[12] However, losses such as acquisition or depreciation generally cannot be used to reduce income for support.[13]

Courts may also “impute” income if they find that a parent is underreporting earnings or deliberately limiting income, such as by retaining profits in a closely held business.[14] This means that in high-income cases, careful documentation and transparent financial disclosures are essential.

Balancing the Child’s Needs and the Parents’ Means

In some high-income cases, the guideline calculation produces a number that far exceeds the child’s day-to-day needs. Virginia law recognizes this possibility and allows courts to deviate from the guideline amount if it would be unjust or inappropriate under the circumstances.[15]

Factors that may justify a deviation include the child’s standard of living during the marriage,[16] the financial resources of each parent,[17] special needs or extraordinary expenses,[18] and direct payment of certain costs like private school tuition or healthcare.[19] A court may reduce the monthly transfer to avoid providing a windfall to the receiving parent, or it may increase it if the child’s lifestyle and needs warrant more. The key is showing, through evidence, what level of support is truly in the child’s best interest.[20]

Tailored Agreements for High-Income Families

Because of the complexities and flexibility in high-income child support cases, many Northern Virginia parents opt for negotiated agreements instead of relying solely on the statutory formula.[21] These agreements can combine a base monthly payment with direct contributions toward high-cost items, such as tuition, extracurricular activities, summer programs, or a college savings fund. Some parents even agree to establish trusts or structured funds to provide long-term benefits for their children.

Such arrangements, when approved by the court, can ensure that funds are directed toward actual needs and that both parents have clarity on future obligations. They can also help avoid prolonged disputes over how support money is spent.

The Importance of Professional Guidance

High-income child support cases often involve complex financial assets, multiple income streams, and significant tax considerations. In these situations, an attorney can help identify all sources of income, run accurate guideline calculations, and determine whether a deviation from the guidelines is warranted. Forensic accountants and financial planners may also play a helpful role, particularly when business income, investment portfolios, or executive compensation packages are involved.

Without proper planning, a high-income parent could end up paying an unjust or inappropriate amount on one hand, or on the other, a child could receive less than what the law intends. Professional guidance ensures that the outcome is fair, sustainable, and in line with the child’s best interests.

Conclusion

Virginia’s updated child support guidelines provide more structure for high-income families but may also raise important strategic considerations. For parents in Northern Virginia, understanding how the new cap, percentage add-ons, and broad income definitions work together is essential. Whether you are paying or receiving support, careful planning and legal representation can help you reach an arrangement that meets your child’s needs without going beyond what is reasonable.

If you believe the recent changes may affect your child support order, or if you are entering negotiations in a high-income case, please contact Christian Lapham at 703-525-4000 or clapham@beankinney.com.

This article is for informational purposes only and does not contain or convey legal advice. Any views or opinions expressed herein are those of the authors and are not necessarily the views of the firm or any client of the firm.

[1] See Va. Code Ann. § 20-108.2; see also 2024 Bill Text Va. S.B. 805.

[2] Blackburn v. Michael, 30 Va. App. 95, 101 (1999).

[3] See Conway v. Conway, 10 Va. App. 653, 658-59 (1990).

[4] Kaplan v. Kaplan, 21 Va. App. 542, 550 (1996).

[5] Rippe v. Rippe, 3 Va. App. 506, 508-09 (1986).

[6] Cooke v. Cooke, 23 Va. App. 60, 64-65 (1996).

[7] Orlandi v. Orlandi, 23 Va. App. 21, 28 (1996).

[8] Va. Code § 20-108.2.

[9] Va. Code § 20-108.2.

[10] Williams v. Sykes-Williams, No. 1269-21-1, 2022 WL 4136597, at *6-7 (Va. Ct. App. Sept. 13, 2022).

[11] Williams v. Sykes-Williams, No. 1269-21-1, 2022 WL 4136597, at *9 n. 8 (Va. Ct. App. Sept. 13, 2022).

[12] Va. Code § 20-108.2.

[13] Va. Code § 20-108.2.

[14] Va. Code § 20-108.1.

[15] See Cranwell v. Cranwell, 59 Va. App. 155, 167 (2011).

[16] Auman v. Auman, 21 Va. App. 275, 278 (1995).

[17] Va. Code § 20-108.1.

[18] Va. Code § 20-108.1.

[19] Va. Code § 20-108.1; Oley v. Branch, 63 Va. App. 681, 697-98 (2014).

[20] Oley v. Branch, 63 Va. App. 681, 697-98 (2014).

[21] Virotsko v. Virotsko, 59 Va. App. 816, 823-24 (2012).