Child Support

Typically the Department of Justice, Division of Paternity and Child Support (P&CS) will determine child support in-house, with an administrative law judge. Sometimes the Family Court judge will set child support.¹ The amount ordered will be based on child support guidelines, which use a cost-sharing approach so that the child’s needs are divided proportionally between the parents based upon their incomes. However, these guidelines do not have to be followed if it is determined that it would be unfair (unjust) to do so.² 

For the purposes of the guidelines, “income” is defined as any form of periodic payments including, but not limited to, wages, salary, bonuses, commissions, compensation as an independent contractor, workers’ compensation, disability, unemployment compensation, annuity and retirement benefits, awards in civil suits, interest, dividends, rents, royalties, insurance proceeds, trust income, partnership profits, and any other payments made by any person, private entity, or government. “Income” does not include federal, state, territorial, and local taxes, Social Security and other mandatory retirement and disability contributions, mandatory union dues, public assistance payments, and other amounts excluded (exempted) by federal law.³

¹ 3 V.I.C. § 116(a), (b); see also Office of Child Support Enforcement website section (6)(1.2)
² 16 V.I.C. § 345(c)
³ 16 V.I.C. § 341(e)