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
guideline 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
below in this subdivision.
A natural or adoptive parent is determined to be voluntarily unemployed when he
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.