Family Law
Child Support
2007 Child Support Guidelines
On January 1, 2007, the child support guidelines in Georgia changed dramatically. Previously, child support in Georgia was primarily based upon the income of the non-custodial parent (i.e. the parent who does not have the children the majority of the time). The new guidelines use an income sharing approach, in which the incomes of both parents are considered to determine the amount of child support owed.
Initially, this calculation considers the gross monthly income of each parent. For purposes of this calculation, this gross monthly income may be reduced as appropriate for several reasons, including if either parent is self-employed, has been paying preexisting child support orders, or is supporting his/her other children, living in the home, who are not the subject of the present case. The gross monthly incomes of both parents are totaled to reach the combined adjusted income amount. The Child Support Obligation Table (link table to “Child Support Obligation Table”) is then used to find the Basic Child Support Obligation based on the number of children for which support is being determined.
Each parent’s gross income is divided by the combined adjusted income to get a pro rata share, or percentage. For example, if Husband’s gross income is $50,000.00 and the parties’ combined adjusted income is $100,000.00, then Husband’s pro rata share is fifty percent (50%) of the parties’ combined adjusted income. This percentage is multiplied by the Basic Child Support Obligation to determine each parent’s child support responsibility. In our simplified example, Husband would be responsible for fifty percent (50%) of the Basic Child Support Obligation. Thus, if Husband was the non-custodial parent, he would be required to pay to Wife fifty percent (50%) of the Basic Child Support Obligation. After reaching the initial obligation total, required adjustments for health insurance premiums and work related child care costs are then made to each parent’s Basic Child Support Obligation, establishing the Presumptive Amount of Child Support.
In addition to the mandatory adjustments, the new guidelines allow for discretionary deviations upward or downward from the Presumptive Amount of Child Support for various reasons to serve the best interests of the child. Specific deviations contemplated by the statute include those for high income, low income, other health related insurance, life insurance, child and dependent care tax credit, travel expenses for visitation, alimony, mortgage, permanency or foster care plan, extraordinary expenses and parenting time. Under the new guidelines, the Court can only make a deviation if there is a factual basis for the deviation and it would serve the best interests of the child.
Although the 2007 Child Support Guidelines may dramatically change child support obligations in Georgia, the new Guidelines are not considered a change in circumstances entitling a non-custodial parent who is currently paying child support to amend their current obligation. Nonetheless, many factors including a new marriage of the custodial parent, the birth of a new child to the non-custodial parent, and a severely decreased (or possibly increased) gross income of the non-custodial parent since the previous order was entered into may all constitute a change in circumstances allowing either the non-custodial or custodial parent to seek a new child support order from the Court based on a change in circumstances.
As explained under the “What To Bring To Your First Meeting” tab, we need a variety of documents to assist you in preparing for a divorce of child support modification case. Additionally, to more accurately determine your likely child support obligation under the 2007 Child Support Guidelines, please bring the following information to your first meeting. If you do not have access to these documents, do not worry. You can bring them to us at a later date.
- Gross monthly income for each parent, including:
- Salary or wages
- Commissions, fees, tips
- Income from self employment
- Bonuses
- Overtime payments
- Severance pay
- Recurring income from pensions or retirement plans
- Interest income
- Income from dividends
- Trust income
- Income from annuities
- Capital gains
- Social security disability or retirement benefits
- Worker’s compensation benefits
- Unemployment benefits
- Judgments from personal injury or other cases
- Gifts
- Prizes/Lottery winnings
- Alimony & maintenance from persons not in this case
- Assets used for support of family
- Fringe benefits
- If either parent is self-employed – monthly self-employment income on which parent pays self-employment tax for FICA and Medicare
- If either parent pays child support under a pre-existing order
- Court name
- Court case number
- Names and birthdates of children
- Date of initial order
- Amount paid
- If either parent is supporting qualified children living in his/her home
- Does child live in the parent’s home? (Must be YES)
- Is parent legally responsible for the child? (Must be YES)
- Is parent actually supporting the child? (Must be YES)
- Is child subject to a preexisting order for support? (Must be NO)
- Is child before Court to set, modify or enforce support in this case? (Must be NO)
- If all above questions are OK, need names and birthdates of qualified children
- Cost of health care premiums for the children and monthly average amount paid or to be paid by each parent (or non-parent custodian)
- Cost of work related child care costs and monthly amount paid by each parent (or non-parent custodian)
- Total yearly amount each parent paid for child care during school year
- Total yearly amount each parent paid for child care during summer break
- Total yearly amount each parent paid for child care during other school breaks
- Total yearly amount each parent paid for other child care (pre-school age child, child with a disability, etc.)
- Whether either parent carries vision or dental insurance and amount of premium
- Whether either parent has purchased a life insurance policy on the life of either parent for the benefit of the child and the amount of the premium
- Whether either parent has paid a care provider to care for a child under 13 (or disabled spouse or dependent) and whether that child or dependent has lived with that parent more than half the year
- Whether either parent incurs substantial travel costs to exercise visitation
- Whether either parent pays/receives alimony and the amount paid/received
- Whether non-custodial parent pays a mortgage or provides a home at no cost to the custodial parent
- Whether child is in the custody of a child protection agency or foster care
- Whether there are any extraordinary expenses
- Education expenses – tuition, room and board, lab fees, books, fees, etc. associated with special needs education or private school
- Medical expenses – not covered by insurance and cause extreme hardship
- Other special expenses – summer camp, music or art lessons, travel, band, clubs, athletics
- Amount of court ordered visitation
To view the amended bill, as passed by the Georgia House and Senate, click here.
Contact the attorneys of Meriwether & Tharp at (678) 879-9000 or email us at familylaw@mtlawoffice.com, to learn & discuss the new 2007 Child Support Guidelines of Georgia.
Return to the top of the page
Georgia Attorneys providing legal services in the areas of Business Transactions, Business Litigation, and Family Law, from divorce to child support, in the Atlanta metro area including, but not limited to Alpharetta, Buford, Canton, Cumming, Decatur, Roswell, Kennesaw, Lawrenceville, Norcross, Sandy Springs, Marietta, Duluth, Dunwoody, Woodstock, Milton, and Johns Creek.
|
