Determining Child Support in Georgia

When does the new law go into effect?

The Georgia Legislature passed House Bill 221 in 2005, which became effective on July 1, 2006.

The law is defined as a minimum basis for determining child support obligations and applies as a rebuttable presumption in all legal proceedings involving the child support obligation of a parent.

The law takes into account the “gross income” of both parents. Gross income includes salary, commissions, fees, tips, self-employment income, bonuses, overtime, severance, gifts, and alimony. Gross income does not include child support payments received by either parent, public assistance programs, food stamps, SSI income, and Low Income Heating and Energy Assistance Program payments.

How will the support be calculated?

There is a table that determines the basic child support obligation based on the combined adjusted gross income of both parents and the number of children. This amount represents the child support, prior to the adjustments for parenting time.
An adjustment to the noncustodial parent’s portion of the basic child support obligation may be based on his or her parenting time with the child. The child support guidelines presume that when parents live separately, the child will reside with the noncustodial parent a minimum of 80 days per year. If the noncustodial parent spends 100 or more days per year with a child, the new law takes into account that the noncustodial parent is spending money on the child while in his or her care, and the support obligation may be reduced for the additional days of parenting time based on the following schedule:

Number of Days Spent with Child     Percent Reduction in Support
100 -136 days                                  10 percent
137 -151 days                                  20 percent
152 -166 days                                  30 percent
167 -181 days                                  40 percent
182 or more days                             50 percent

When does child support stop? Will the duty to pay child support still stop at age 18?

Yes, except when the child has not yet finished high school, and in that case it will continue until the child completes high school, but not past the child’s 20th birthday.

What if my spouse refuses to work?

If your spouse does not work, and is capable, the court will consider:
1. Past and present employment;
2. Education and training;
3. Whether unemployment or underemployment for the purpose of pursuing additional training or education is reasonable in light of the parent’s obligation to support his or her child or children;
4. The parent’s role as caretaker of a handicapped or seriously ill child of that parent, or any other handicapped or seriously ill relative for whom that parent has assumed the role of caretaker, which eliminates or substantially reduces the parent’s ability to work outside the home, and the need of that parent to continue in that role in the future.

What if my spouse is underreporting his or her income?

The court can consider a parent’s ownership of valuable assets and resources, such as an expensive home or automobile, that appear inappropriate or unreasonable for the income claimed by the parent.

My spouse was a stay-at-home parent during our marriage. Does this mean that he or she never has to work?

The court will consider:
1. Whether the parent acted in the role of full-time caretaker immediately prior to separation by the married parties or prior to the divorce or annulment of the marriage or dissolution of another relationship in which the parent was a full-time caretaker;
2. The length of time the parent staying at home remained out of the workforce for this purpose;
3. The parent’s education, training, and ability to work; and
4. Whether the parent is caring for a child or children who are four years of age or younger.

I pay alimony to my first spouse. Is that taken into consideration?

Actual payments of alimony are not considered as a deduction from gross income but may be considered as a factor to vary from the final presumptive child support order. In such a case, the court must make a written finding of such consideration as a basis for deviation.

I and/or my spouse make a lot of money. Is that taken into consideration?

“High-income” is defined as combined adjusted gross income that exceeds $20,000.00 per month. For high-income parents, the court shall set the child support obligation at the highest amount allowed by the child support obligation table, but may consider upward deviation to attain an appropriate award of child support for high-income parents which is considered in the best interest of the child or children.

My spouse lives in another state. What about the money I have to spend to go see my children?

If exercise of parenting time creates additional travel expenses, then the court may order the allocation of such costs by deviating from the basic child support obligation.

I have a child support order. Can I modify it under the new law? If I take my ex-spouse to court to get a modification, can attorney’s fees be awarded?

Normally, to file for a modification, you need to prove a “substantial change of circumstances.” However, the new law states that the new child support guidelines constitute a significant material change in the establishment and calculation of child support orders. Therefore, if you can prove that the new law would give a parent an increase or decrease of 15 percent or more in the support they would pay or receive, then the court will consider a modification application. If there is a difference of 30 percent or more between a new award and a prior award, the court may, at its discretion, phase in the new child support award over a period of up to one year.
In proceedings for the modification of a child support award under the new law, the court may award attorney's fees, costs, and expenses of litigation to the winning party.