Determining Child Support In Georgia

The Marietta family law attorney at Marsh & Frost can assist you in navigating the process of establishing, modifying or enforcing child support. Our veteran lawyer has the experience you need to help make sense of your rights and obligations.

How The Process Works

Child support is determined by Georgia child support guidelines, based on the gross income of both parents, along with certain other factors. There are opportunities for deductions and additions to be made, and our firm can help you seek a fair amount to either pay or receive.

In some instances, divorce or child custody proceedings fail to set up child support arrangements. When this happens, we can help you with establishment needs and obtain the child support you are entitled to receive.

What Counts As Income For Child Support In Georgia?

Under O.C.G.A. § 19-6-15, Georgia defines gross income broadly as all income from any source, whether earned or unearned. That includes wages, salary, tips, commissions, bonuses and overtime. Beyond traditional employment income, courts also look at what a parent earns from a business they own, property they rent out, investments, retirement accounts and government benefits such as Social Security, workers’ compensation and unemployment. If a parent receives fringe benefits that significantly reduce their personal living expenses, those can count as well. The list is intentionally wide because the law is designed to capture a parent’s full financial picture, not just what appears on a pay stub.

When a court finds that a parent is voluntarily unemployed or working below their earning capacity to lower their support obligation, it can assign income based on what that parent is capable of earning rather than what they currently report. Courts look at employment history, education, work experience and available opportunities in the area. This becomes critical when a co-parent abruptly quits a job, takes a significant pay cut or claims to be unable to find work despite a prior earnings history. If that pattern appears around the time support is being calculated, it is an issue worth raising with an attorney immediately.

Self-employed parents present a more complex calculation. For support purposes, income equals gross receipts minus ordinary and reasonable business expenses needed to produce that income. Courts scrutinize claimed deductions. Excessive personal expenses run through the business, inflated vehicle or travel costs, and home office deductions do not automatically reduce the support base. Because business records can be structured to show lower net income than a parent actually takes home, financial disclosures from self-employed parents deserve careful review.

When a parent’s earnings fluctuate, the court does not rely on one month’s figures. Instead, it looks at what that parent has earned over time, averages it out and uses that number alongside their regular salary to arrive at a monthly income that reflects their actual earning pattern. Documenting income accurately on both sides is one of the most consequential parts of a child support case, and having an attorney review the financial disclosures before anything is submitted can affect the outcome significantly.

Georgia Child Support Deviations: When The Standard Calculation Changes

Georgia uses an income shares model that produces a presumptive child support amount based on both parents’ gross income and certain standard expenses. That number is not always final. Either parent can request a deviation, an adjustment up or down from the presumptive amount, based on specific circumstances the guidelines recognize. Deviations must be supported by evidence and findings by the court and are not granted automatically.

Georgia law recognizes both mandatory and discretionary deviations. The most common ones include the following:

• Health insurance: The cost of the child’s share of a health insurance premium is a standard adjustment under the guidelines; which parent carries the coverage directly affects the final support figure.
• Work-related childcare: Daycare, after-school programs and summer care that allow the custodial parent to work are factored into the calculation as a mandatory deviation.
• Extraordinary medical expenses: Out-of-pocket costs beyond routine care, such as ongoing specialist treatment or therapy, can support an upward adjustment.
• Parenting time: When a noncustodial parent has significantly more time with the child than the standard schedule, the court may reduce the support obligation to reflect that shared responsibility.
• Extraordinary educational expenses: Private school tuition, when agreed upon by the parents or ordered by the court, is a recognized basis for deviation.
• Special needs: Children with disabilities or significant ongoing medical conditions may warrant upward deviations to cover their actual costs.
• High income: When the combined gross income of both parents exceeds the top of the guidelines table, the court uses its discretion in setting the amount.

Each deviation request must be backed by documentation. Courts do not adjust the presumptive amount without a factual basis and specific findings on the record. Our attorney can help you identify which deviations apply to your situation and build the record needed to support them.

We Can Help Modify Child Support Orders And Enforce Your Rights

As life situations change over the years, there may come a need for the child support amount to be modified through legal petition. This can be because of factors like a raise, job promotion, medical emergency or change in the child’s needs.

Whether you are seeking greater child support from your former spouse or are trying to protect yourself from the petition filed by your former spouse, our lawyer can represent your interests in court.

Should your spouse refuse or be unable to pay the mandated child support amount, we are prepared to assist you in meeting him or her in court to seek civil contempt charges. Ultimately, the money due is for the good of your child. We seek to help you obtain the money that will benefit the children.

Call Our Attorney Today To Get Answers

To arrange an initial consultation to discuss your support needs, please contact Marsh & Frost today at our Marietta office by calling 678-383-4953