Our attorneys have experience with the Georgia Child Support Guidelines
The child support guidelines are a minimum basis for determining the amount of child support. These guidelines must be used when the court enters a temporary or permanent child support order in a contested or uncontested divorce or order in a temporary protective order (TPO) under the Family Violence Act.
There is a presumption established by Georgia's child support laws that the custodial parent will bear the expenses related to the child or children, assisted by the child support paid by the noncustodial parent.
In order to determine child support, Georgia uses a child support calculator. To obtain the minimal basic child support obligation the parties must each enter their gross monthly income. Entering the gross monthly income of each party will provide a rebuttable presumptive amount of child support.
The presumptive amount of child support provided by the guidelines may be increased or decreased according to (1) the best interest of the child for whom support is being considered, (2) the circumstances of the parties, (3) the grounds for deviation, and (4) to achieve the state policy of affording to children of unmarried parents, to the extent possible, the same economic standard of living enjoyed by children living in intact families consisting of parents with similar financial means.
The child support worksheets contain several different schedules that set forth areas that may change the presumptive amount of child support. The different schedules include:
Schedule B - Adjustments to Gross Income for Qualified Children and Child Support paid for Other Children
Schedule D - Health Insurance and Work Related Childcare
Schedule E - Specific Deviations and Extraordinary Expenses
Modification of Child Support
There are several instances in which it may become necessary to modify a previous award of child support. The reasons for a modification of child support can include, changes in the income or financial status of the parties, a change in custody from one parent to the other parent, a modification of a non-custodial parent’s visitation schedule, and when a child reaches an age that he/she is no longer eligible for child support. The child support worksheets apply in calculating child support in modification cases.
If either party has a change in income or financial status, it may be grounds for a modification of child support. Georgia law is clear that if a party has remarried, the new spouse’s income in not used in the child support worksheet. Typically, a change in gross income of at least 10% is required to warrant a modification of child support.
With respect to a former spouse's financial status, a court may consider the following: changes in income, changes in fixed debts or obligations, whether remarried, and to what extent he contributes to the support and maintenance of his present spouse and children or other dependents; also, the former spouse's personal living expenses, income taxes, and whether he has purchased a new home. If a former spouse has remarried and assumed the obligation of a second family, it will not of itself authorize a reduction in previously awarded child support. In fact, an upward change in the former spouse's financial status may be shown by his remarriage and contributions by his new spouse to pay expenses, even though his income has not increased.