DeKalb County Child Support Lawyers

Establishing Child Support in Georgia

Ensuring financial stability for a child is crucial, and establishing child support is a fundamental step in this direction. Children have the right to be supported by both parents after divorce, similar to how they would be if the family stayed together. This support is typically paid by the noncustodial parent (the parent who does not have primary physical custody of the child).

Parents in Georgia are legally responsible for this financial support until their children reach the age of 18 and graduate from high school, with a few minor exceptions. In the past, child support was determined based on the noncustodial parent's income. After sweeping changes to the child support laws in 2007, the state now relies on an “income-shares” model to determine the amount of child support awarded. This model considers the income of both parents, as well as several other factors.

Georgia provides child support guidelines, which calculate the amount to be paid by the supporting parent. Calculation begins with both parents’ gross income, including salary, bonuses, commissions, overtime, and retirement benefits. Additionally, dividends or interest from investments need to be considered. 

Certain expenses are deducted from the gross income amount, such as current support payments for other children and childcare expenses not subject to the new support order. The income of both parents is combined to arrive at a “combined adjusted income.” 

This amount is entered into a worksheet along with the number of children to be supported; this determines a presumptive payment amount. A percentage of each parent’s calculation to the combined income figure determines each parent's support obligation. 

Other factors involved in determining child support include: 

• Healthcare expenses: Both parents are responsible for these expenses.
• Childcare expenses: These may be daycare costs or school-related costs.
• Low or high income: The court may allow adjustments if a parent’s income is insufficient to pay the determined child support payments or if it is high enough to warrant a payment increase.
• Parenting time: The court can adjust the child support payment if the noncustodial parent has more parenting time than typical and thus spends more money on childcare during this time.