Child support inputs
Virginia Shared-Custody Support: Understanding the 90-Day Rule
A parenting arrangement described as “shared custody” does not, by itself, establish the correct Virginia child-support calculation. The support statute uses a specific threshold and definition of a day. This guide explains the records and distinctions to check before choosing a worksheet.
To see what the schedule itself produces, read how much child support comes to in Virginia, with worked examples.
Read the threshold precisely
Virginia Code § 20-108.2(G)(3) addresses custody or visitation for more than 90 days of the year, using its own day definition. “More than 90” is not the same phrase as “90 or more.” Read the whole subdivision and current instructions rather than relying on a shorthand online summary.
This threshold concerns a support calculation. It does not decide legal custody, automatically require equal time or establish that no support will be payable.
Use a calendar that can be checked
Keep the current order or agreement with a calendar recording the relevant periods. Mark the actual start and end of time rather than using only labels such as “weekend.” Keep proposed future schedules separate from records of what occurred.
If the schedule changed, label the date and reason for the change. Record a disputed period as disputed. A support question should not be answered by silently choosing whichever count produces the preferred result.
Do not equate every overnight with a statutory day
The statute has counting provisions that must be applied to the facts. A calendar application’s overnight total is not a legal conclusion. Ask which periods, exceptions and costs matter under the current subdivision and instructions.
For example, a late exchange and an ordinary full-day period may look similar in a colour-coded calendar but raise different counting questions. Retaining dates and times gives a qualified reviewer something to assess without this website providing a personalised day-count decision.
Keep the other inputs in the calculation
Income, coverage and employment-related childcare can still matter. A day count is not a substitute for those records, and the worksheet does not amend an existing order by itself. If the arrangement or costs changed, ask what process applies before changing payments.
The purpose of this guide is to prevent a threshold or terminology mistake. It does not produce a support amount, recommend a parenting schedule or imply that arranging time to meet a numerical threshold is in a child’s interests.
Read the legal sources
Checked for this guide on . Read the current source and case-specific instructions before acting.
Related guides
- Virginia Child Support: Gross Income vs Take-Home Pay
- Self-Employment Income for Virginia Child Support
- Health Insurance Costs in Virginia Child Support
For the wider picture, read the Virginia child support overview.
Browse all practical Virginia family-law guides. For broader context, explore our family-law topics or legal-aid and referral resources.