63.2-1918 - Administrative establishment of obligations. - Virginia Statutes

§ 63.2-1918. Administrative establishment of obligations.

The Department shall set child support at the amount resulting fromcomputations pursuant to the guideline set out in § 20-108.2 in determiningthe required monthly support obligation, the amount of support obligationarrearage, if any, and the amount to be paid periodically against sucharrearage. There shall be a rebuttable presumption that the amount of theaward which would result from the application of the guidelines is thecorrect amount of child support to be awarded. In order to rebut thepresumption the Department shall make written findings in its order that theapplication of the guidelines would be unjust or inappropriate in aparticular case as determined by relevant evidence pertaining to support forother children in the household or other children for whom any administrativeor court order exists, or relevant evidence pertaining to imputed income to aperson who is voluntarily unemployed or who fails to provide verification ofincome upon request of the Department; provided that income may not beimputed to the custodial parent because (i) a child is not regularlyattending school, (ii) child care services are not available, or (iii) thecost of such child care services are not added to the basic child supportobligation. Additional factors that may lead to rebuttal of the presumptionshall be determined by Department regulation.

(1988, c. 907, § 63.1-264.2; 1989, c. 599; 1992, c. 79; 1996, cc. 947, 1029;2002, c. 747.)