In Georgia, child support is considered a right of the child. A common issue in divorces with kids involved, child support can also be sought by one party even if they are not married to the child’s second parent.
Custody decisions factor into child support. As a general rule, the parent who does not have primary physical custody of the child must pay support to the parent who does have primary physical custody. If physical custody is split evenly between the mother and the father, child support can be waived if both parties agree and can show that a non-payment arrangement is best for the child.
Whether or not the parties use a Georgia child support attorney, the same laws apply to the case.
Income Factors Used Calculate Child Support in Georgia
The state of Georgia uses a shared income model in order to determine a fair amount of child support. The income of both parents is factored into a general equation. Then a percentage is calculated from this information based on the number of children the support will be going to maintain.
Income is determined using monthly salary information from all jobs worked and other sources of money, to include unemployment, social security disability, pension, retirement, annuities and funds received from family members. Tax returns, bank statements, pay stubs and other documents can be used to show the amount of income the husband and wife make.
Another source of income is called imputed income. It can be determined for either parents. Imputed income is a best estimate of what a person could make if they were employed in their field of training. (ie., an unemployed nurse could expect to make $20/hour if he went back to work).
Payments Outside of Monthly Child Support Made to Benefit the Children
Another set of information used to figure appropriate child support in Georgia is anything a parent pays directly to benefit the child. For example, if a father makes monthly payments, through or outside of his employment, to keep the child covered under medical insurance, those payments will be deducted from his income figure before the child support obligation is determined.
Likewise, if the mother pays for the child to attend daycare, thereby allowing the mother to work, this amount will not count towards the mother’s child support obligation. Similarly, if either parent pays directly for other needs the child has – like special educational needs or extracurricular activities – this is reflected in the final child support amount.
Additional Circumstances That Can Affect Child Support
If a party is required to pay child support for another child from a different relationship, this can lower the child support obligation he has for any additional children. Even if one party is caring for another child who lives in his house but that that he is not legally obligated to support – a step child, for example - the fact that he is paying for the benefit of this child can effect his child support obligation to a child that is his by blood.
There is a set amount of income ($1,825 per month) that Georgia law considers exempt for both parties. This is the amount that lawmakers have a determined that a person needs in order to cover basic needs like food, shelter and other general living expenses. In a situation where the income of a party falls below this amount, but the party does not have physical custody of the child and owes support, the lowest amount he will be obligated to pay is $75.
For more information on calculating child support, please see the Georgia Child Support Commission. This office can also help with Georgia child support recovery.
For more information, please see Divorce and Child Custody Laws in Georgia, How to File for Uncontested Divorce in Georgia and Filing and Finalizing a Divorce in Georgia.
Janice Fahy - Janice Fahy is a freelance writer who is comfortable researching and writing on just about any topic under the sun.
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