Georgia’s Child Support Calculation: A Step-by-Step Guide
Navigating the intricacies of child support can be a challenging aspect of any divorce or separation involving children. In Georgia, the process of calculating child support is governed by specific guidelines to ensure fairness and adequacy. At Resurgens Legal Counsel, we understand the importance of providing clear guidance and strong advocacy to help you through this process and obtain favorable results. In this post, we'll delve into how child support is calculated in Georgia, providing you with a comprehensive understanding.
Basic Principles of Child Support in Georgia
Child support in Georgia is determined based on an “Income Shares Model.” This approach considers the income of both parents, generally aiming to ensure that the child receives the same proportion of parental financial support that they would have received if the parents lived together.
Calculating child support in Georgia is streamlined in part by the publication of the Georgia Child Support calculation, available online here. The Calculator is a digital implementation of the guidelines and rules promulgated by the Georgia legislature in the Georgia child support statute, located O.C.G.A. § 19-6-15. But calculating child support is not always as simple as plugging in a few numbers to the calculator, as it can involved a more complex analysis of each party’s income, special expenses for the children, and other unique circumstances that may allow for deviations from the presumptive child support amounts (and for which there is little or no statutory guidance on implementation or calculation). The fundamental steps in calculating child support in Georgia include:
Determining Gross Income: The process begins by calculating the gross income of both parents. Gross income includes wages, salaries, commissions, self-employment income, bonuses, and other sources of income. It’s important to disclose all sources of income to ensure an accurate calculation.
Adjusting for Other Support Obligations: If either parent has other child support obligations or is supporting other children, this is factored into the calculation. These adjustments ensure that existing obligations are considered in the new child support determination.
Calculating the Basic Child Support Obligation: Georgia uses a Child Support Obligation Table to determine the basic child support obligation. This table correlates the combined income of both parents with the number of children to arrive at a basic obligation amount.
Pro Rata Division of Basic Obligation: The basic child support obligation is then divided between the parents in proportion to their respective incomes. This means that the higher-earning parent may be responsible for a larger share of the support.
Adjusting for Health Insurance and Childcare Costs: Additional expenses, such as health insurance premiums for the child and work-related childcare costs, are added to the basic obligation and divided between the parents in proportion to their incomes.
Consideration of Special Circumstances: In some cases, the court may adjust (or “deviate” from) the presumptive child support amount based on special circumstances such as a child's extraordinary medical costs or educational needs.
Deviations from the Standard Calculation
The court also has the discretion to deviate from the standard calculation in certain situations. These deviations can either increase or decrease the amount of child support and are based on factors such as:
High income of one or both parents (applicable in some situations when the combined income of both parties exceeds $30,000 per month)
Special needs of the child, such as unique medical or educational costs
Noncustodial parent’s parenting time (such as when a non-custodial parent has substantially more or less time than presumed under the traditional calculation)
Travel expenses for visitation
Finalizing the Child Support Order
Once the amount is calculated and any deviations are considered, a child support order is issued by the court. This order is legally binding and specifies the amount and frequency of child support payments. In addition to the basic support amount, the child support order—often referred to as a “child support addendum”— can include other obligations, such as how uninsured medical expenses are covered or when each party is required to contribute to expenses such as extracurricular activities or school tuition. Negotiating and/or advocating for the specific terms of a child support order can be just as important as calculating the basic child support obligation.
Conclusion
Understanding child support calculations in Georgia can be complex, but it's crucial for ensuring that your child’s financial needs are met. At Resurgens Legal Counsel, we are dedicated to guiding you through this process with expertise, effective and informed advocacy, and empathy toward your specific situation. If you have questions or need assistance with child support calculations or any other family law matter, contact us at (770) 765-7550 or schedule a consultation today.
Remember, every family's situation is unique, and this guide is a general overview. It's always best to consult with a qualified family law attorney to understand how these guidelines apply to your specific circumstances.