Administrative Code

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Virginia Administrative Code
Title 22. Social Services
Agency 40. Department of Social Services
Chapter 880. Child Support Enforcement Program

22VAC40-880-240. Administrative Deviation from the Child Support Guideline.

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 except 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, use the federal minimum wage multiplied by 40 hours per week and converted to a monthly amount by multiplying the result by 4.333.

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.

Statutory Authority

§ 63.2-217 of the Code of Virginia; 42 USC § 651 et seq.

Historical Notes

Derived from VR615-70-17 § 4.8, eff. February 28, 1990; amended, Volume 06, Issue 26, eff. October 24, 1990; Volume 07, Issue 15, eff. July 1, 1991; Volume 08, Issue 04, eff. July 1, 1992; Volume 08, Issue 19, eff. July 15, 1992; Volume 18, Issue 14, eff. April 24, 2002; Volume 31, Issue 10, eff. February 12, 2015; Volume 35, Issue 12, eff. March 21, 2019.

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