How Fagan Law Group Guides Our Clients on Child Support
Child support in Georgia is governed by statute (OCGA § 19-6-15). It typically lasts until the minor child(ren) turns 18 or graduates from high school, but there are situations where it may extend further (although generally not past the age of 20).
The monthly amount of child support is generally based on the gross incomes (before tax) of the parents and consideration of the needs/costs of the specific child. When those numbers are applied to the statutory guidelines found in OCGA § 19-6-15, the guidelines generate a monthly number for one parent to pay to the other.
Child support can be modified in certain circumstances. Whenever there is a substantial change in either parent’s income and financial status or the needs of the child, or a parent is exercising significantly more or less parenting time than court ordered, a parent may have the right to modify the amount of child support under Georgia law. If you are interested in modifying a child support award and believe you may have the facts to support your case, you are well advised to speak with a family law attorney to ensure you meet all the statutory requirements.
State Public Policy and Purpose of Child Support
The general purpose of child support is to achieve the State of Georgia’s policy of affording to children of unmarried parents, to the extent possible, the same economic standard of living enjoyed by children living in intact families consisting of parents with similar financial means. This does not, however, mean that child support is always used to “equalize” the incomes of both households.
When incomes of the parties and needs of a child are applied to the “child support guidelines,” a number is generated. However, this number is a rebuttable presumption. The court has the discretion to increase or decrease this presumptive number according to what the court determines would be in the best interest of the specific child at issue under the specific facts of the case.
Gross Incomes of the Parties
As mentioned above, gross income (before tax) is used to determine monthly child support. After determining the gross income, the two parents’ gross incomes are added together to get a total monthly income number, which is then applied to the statutory child support obligation table. The table provides a presumptive amount of monthly support that the Georgia legislature believes two parents earning this total monthly income should spend on their child/children each month. This monthly “presumptive” amount of child support is then divided between the parents based on their proportional share of the total monthly gross income.
Determining income is not as straightforward as looking at a paycheck. In calculating child support, the court first determines the monthly gross income (before tax) of both parents. Income is not just a salary though. It can also include:
Commissions, fees, and tips
Income from self-employment
Bonuses
Overtime payments
Severance pay
Recurring income from pensions or retirement plans, including, but not limited to, United States Department of Veterans Affairs, Railroad Retirement Board, Keoghs, and individual retirement accounts
Interest income
Dividend income
Trust income
Income from annuities
Capital gains
Disability or retirement benefits that are received from the Social Security Administration pursuant to Title II of the federal Social Security Act
Disability benefits that are received pursuant to the federal Veterans’ Benefits Act of 2010, 38 U.S.C. Section 101, et seq.
Workers’ compensation benefits, whether temporary or permanent
Unemployment insurance benefits
Judgments recovered for personal injuries and awards from other civil actions
Gifts that consist of cash or other liquid instruments, or which can be converted to cash
Prizes
Lottery winnings
Alimony or maintenance received from persons other than parties to the proceeding before the court
Assets which are used for the support of the family
Other income
Where income is variable or not guaranteed—such as with bonuses or commissions—the court can exercise discretion based on the facts and evidence. For example, courts may consider a multi-year average to ensure that the amount on the child support worksheet is fair and equitable under the circumstances.
If a parent fails to produce reliable evidence of income, the Court also has the discretion to “impute” income based on specific circumstances, such as assets, residence, employment history, the type of vehicle a party drives, willful or voluntary unemployment or underemployment, etc. The Court also has the authority to reduce the monthly income by deducting or adjusting the amount if any of the following apply: self-employment taxes; pre-existing child support orders; and theoretical child support order for qualified children, if allowed by the court.
Once the Court has determined both parents’ gross income, these numbers are placed on Schedule A of the child support worksheet. However, the evaluation does not stop there. There are certain deviations—both mandatory and discretionary—which can impact each parent’s ultimate share in the total monthly child support obligation.
Mandatory Deviations to Determine Monthly Child Support Obligation
One deviation is to account for a parent’s monthly cost of health insurance premiums for the child(ren). If there is a family policy, only the health insurance premium attributable to that child are included. Payments made by a parent’s employer for health insurance that are not deducted from the parent’s wages are not included. Once determined, the total amount paid for the child’s health insurance premium is then included in the Child Support Schedule D — Additional Expenses and ultimately divided between the parents’ pro rata (proportionally).
Please note that payment of uncovered/uninsured health care expenses are not included in the monthly child support payment. Georgia law provides that those costs will be divided based on the pro rata responsibility of the parents or as otherwise ordered by the court.
A second mandatory deviation is for work-related childcare costs. If such costs are necessary for either parent’s employment, education, or vocational training and appropriate to the parents’ financial abilities, then work-related childcare costs are entered on the Child Support Schedule D. Inclusion of these costs may increase or decrease each parent’s proportional share of the child support based on which parent pays for the same.
Ultimately, the purpose of the mandatory deviations is to ensure each parent pays approximately his or her proportion of the total, reasonable, and necessary health insurance premium and work-related child care costs for a child, if any.
Discretionary Deviations to Determine Monthly Child Support Obligation
Georgia law also provides the fact finder with the authority to consider additional “discretionary deviations.” These are shown in the Child Support Schedule E — Deviations.
In the court’s or the jury’s discretion, those additional deviations up or down from the presumptive amount may include, but are not be limited to, the following:
High income
Low income
Other health-related insurance;
Life insurance
Child and dependent care tax credit
Travel expenses that are reasonable and necessary to exercise visitation
Mortgage
Permanency plan or foster care plan
Extraordinary expenses (for education, medical, and/or child rearing)
Parenting time
Nonspecific deviations in the Court’s discretion
As the name suggests, the court has massive discretion in whether or not to award certain deviations and in what amounts. Just because one parent pays 100 percent of private school costs, for example, does not mean that he or she will receive a dollar-for-dollar accounting for such payments. As suggested above, child support is a holistic evaluation for the fact finder taking into account numerous facts, the most important of which is the best interest of the child for whom the child support is to benefit.
The Final Monthly Child Support Number
Once all the numbers are entered onto the worksheet on the variety of schedules, the guidelines generate a number. Georgia law is very clear that the number generated by the guidelines and child support worksheet is a “guideline.” Therefore, regardless of what the table may suggest, it is the factfinder who has the ultimate responsibility in making the final determination of what monthly child support will be. They must take into account all the facts and evidence presented to it at the time of the hearing or trial, and most importantly, consider the best interest of the child at issue.
If child support is an issue in your case and you have questions about determining any of the numbers, including income or deviations, reach out to a family law attorney. The team at Fagan Law Group is more than happy to assist you through this process.
[Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Every divorce case is very fact-specific and unique, and outcomes will vary based on individual circumstances.]