What parents, caregivers, and family law professionals need to know about Virginia Senate Bill 805
As of July 1, 2025, Virginia has implemented significant changes to its child support laws, marking the first major update to its guidelines in over a decade. These updates reflect the rising costs of living, shifts in parenting arrangements, and a need for more equitable support structures that better serve modern families. For parents across the Commonwealth of Virginia, whether they are paying or receiving support, understanding these changes is important.
The new law affects how child support is calculated, who it applies to, and what steps parents should take to ensure their obligations or rights are accurately reflected. If you are a parent navigating child support as part of a divorce, separation, or current order, here’s what you should know.
Senate Bill 805 Provides a Wider Guideline “Safety Net” for Modern Incomes
Senate Bill 805 officially bumped the top tier of Virginia’s child support schedule with a 21 percent expansion, the first adjustment since 2014.
Why the change?
- Cost of living creep: Housing, childcare, and health insurance costs have risen faster than wages over the past decade.
- Quadrennial review mandate: Federal rules require every state to re-examine its formula every four years. Economists advising Virginia’s Child Support Guidelines Review Panel found the old table was “undershooting” true child-rearing costs for mid- to high-income families.
- Uniformity: Parents earning between $35k and $42.5k a month no longer will face ad-hoc calculations by judges. These amounts are now spelled out line by line in the statute.
The bottom line is that in many cases, support payments will increase, sometimes significantly, for new and modified orders in that income band.
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New Income Threshold for Support Guidelines
Senate Bill 805 has raised the income cap used in calculating presumptive child support from $35,000 to $42,500 of combined gross monthly income. This means that families making higher incomes will now enter more clearly defined support ranges, resulting in increased support amounts in many cases. For parents already under an existing support order, any future modifications will be recalculated using the new scale.
How the Updated Formula Actually Works
Virginia still relies on an “income shares” model for calculating child support, but the numbers that feed that model have just increased.
Inputs that matter most are
- Each parent’s gross monthly income
- The number of children on the order
- Any work-related childcare costs and health insurance premiums
- Parenting time adjustments
The statute contains a pre-calculated table up to $42,200 gross monthly income. Plugging the combined income into that table results in each parent’s obligation based on their percentage of income, followed by the addition of specific add-ons and credits. With the new higher threshold, support obligations are now explicitly addressed, which eliminates the guesswork for parents in that income band.
For example, before, a couple with a combined monthly income of $38,000 fell beyond the table’s limit. Courts would have to “extrapolate,” often creating wide swings from court to court. Now, an explicit figure appears in the statute, bringing predictability and reducing litigation.
New Orders vs. Modifying an Existing Support Order
For parents who already have a child support order in place, the new law does not automatically change the current obligation. To take advantage of the new income range or adjust an existing payment amount, a parent must formally petition the court to modify the existing order.
Under Virginia law, to qualify for a modification, one party must demonstrate that there has been a “material change” in circumstances since the last order was issued. This material change could include
- A significant increase or decrease in either parent’s income
- A substantial change in the cost of childcare or health insurance
- One parent starting or stopping employment
- A shift in the number of overnight visits
- A child aging out of daycare or reaching adulthood
If the court agrees that a material change has occurred, it will recalculate support using the new 2025 guidelines applying the expanded income cap. For many families, especially those with higher income levels, this could result in a notable difference in the amount of monthly support owed.
Tackling Arrearages: A New Look at Past-Due Child Support
Alongside the changes to Virginia’s child support guidelines, the General Assembly has directed state officials to take a closer look at one of the most challenging and persistent issues concerning child support — arrearages, or the unpaid, often long-accumulated child support debt owed by noncustodial parents.
As part of Senate Bill 805, lawmakers have tasked the Child Support Guidelines Review Panel and the Division of Child Support Enforcement (DCSE) with conducting a comprehensive review of how arrears are being handled in Virginia. The panel is expected to analyze the scope, causes, and enforcement practices tied to outstanding support debts and report its findings to the General Assembly by November 15, 2025.
In practical terms, it could lead to a shift in how the state manages enforcement in the future. Until new laws or procedures are enacted, however, existing enforcement mechanisms remain in place. For both custodial parents and noncustodial parents trying to catch up, it will be important to stay informed as this review progresses.
Bottom Line: Who Will Feel the Real-World Impact?
Whenever new laws are passed, families want to know whether the changes will specifically affect them. Here is how the new law may affect you as a parent paying or receiving child support.
If you are in a high-income household with a new case or a pending support order
If you and your co-parent have a combined income between $35,000 and $42,500 per month and your case was filed on or after July 1, 2025, the new law will affect you. Previously, your support obligation would have been based on judicial discretion beyond the capped guideline. Now, it will be calculated using the expanded statutory table.
If you have an existing order based on old guidelines
If you already have a support order in place that was calculated under the pre-July 2025 income cap, your current obligation will not automatically change. However, if your income or circumstances have changed significantly, you may be eligible to request a modification under the new guidelines.
If you feel you’re paying too much under an outdated order
For some, this change could provide an opportunity to correct a perceived imbalance. If your original order was based on a discretionary decision by the court, and your income has since stabilized or dropped, you may now fall within the new threshold and could qualify for a reduction. Conversely, if you’ve never asked the court to reassess support based on your current income or cost-sharing, you may be due for an increase that better reflects your child’s needs.
If you’re in a low-to-mid-income household
If you and your co-parent earn below $35,000 per month combined, this change will likely not impact you at all. The guidelines for income below this level have not changed, and your support obligation will continue to be based on the existing formula that was applied to your income range.
If you are behind on support payments and concerned about arrears, not current support payments
If you are currently dealing with back child support (arrears) and are not seeking to modify a current obligation, the new threshold won’t affect your existing debt. However, you may be impacted if the forthcoming arrearage study results in changes to existing enforcement strategies or repayment options. For now, the July 2025 changes do not erase arrears or reduce what you currently owe.
Ultimately, the parents most impacted by this change are those with higher combined incomes, recent or pending cases, or circumstances that could justify a modification. For those individuals, reviewing a current order and running new calculations could be the first step toward a more balanced and sustainable support arrangement.
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How an Experienced Virginia Family Law Attorney Can Help
The July 2025 changes to Virginia’s child support guidelines represent a significant shift in how support is understood, calculated, and enforced, particularly for higher-income families and those navigating support modifications. While not all parents will be directly impacted, understanding where you fall within the updated framework can be critical to ensuring your child’s needs are met and your rights are protected.
At Melone Hatley, P.C., our experienced Virginia family law attorneys understand that child support isn’t just about numbers. It’s about protecting your children’s well-being and your financial stability. If you have questions about the new law and whether it will impact you, we will help you understand the new income thresholds and how they may apply to your case. Call us at 800-479-8124 or contact us through our online form to schedule a free consultation with a Client Services Coordinator.
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