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Divorce Cases - Child Support

January 1, 2007 Georgia joined the majority of states and began considering both parents income in setting child support. Courts now require filing a "Child Support Worksheet" with schedules for any deviations. In setting child support the "presumptive" amount is provided by tables enacted by the legislature with help from the Georgia Commission on Child Support. The presumptive amount of support depends the income of the parents and the number of children the support is to cover. The presumptive amount is allocated in accordance with the percentage of total income each parent has. Total income includes salary, commissions, bonuses, investment income and any other income.

For example, if a couple makes $10000.00 per month together with the father earning $6000.00 and mother earning $4000.00, absent any other factors the father should pay 60% of the presumptive amount and mother should pay 40% of the presumptive amount. Various factors can adjust the presumptive amount. These include but are not limited to day care cost, medical insurance, a child’s special needs, the cost of travel if one parent has to travel a long distance to see the children, unusually low income and whether the parties have other children for whom they are actually paying child support pursuant to a Court Order.

Child support is the child’s right, not the parent’s. Even if your spouse and you agree to eliminate child support the Court will not allow it. Similarly, if both parents agree to change the child support amount, unless and until a court grants modification of the original amount the payor can still be found in Contempt of Court. The state will attempt to collect child support if the primary custodial parent has received public assistance as a result of not getting child support. If the payer spouse is more than thirty (30)days behind in child support payments, the recipient may swear out a warrant for criminal abandonment. If there has been no support or contact for over a year, termination of parental rights may be appropriate however always consult a lawyer before you seek to terminate the parental rights of the other parent. Georgia now requires an income deduction order where support is deducted from the payor’s paycheck and sent to the other parent. The parties can agree to opt out of having an income deduction order but it should only be done after talking with your lawyer. Child support arrears can also be collected by garnishment and/or contempt and/or confiscating any IRS refund you may have been entitled to.

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This article is not intended to be taken as legal advice specific to your case. It is general information only. You should consult an attorney before or shortly after a divorce is filed