Georgia Child Support & Child Custody 101

by Mary Stearns-Montgomery

Knowing all the ins and outs of Georgia child support and custody laws is difficult to remember during an emotional time like divorce. To help, we have put together a short list of important child custody and child support facts to keep in mind during and after divorce.

Child Custody

  • The judge has final decision over how child custody is awarded. (If a child is over the age of 14 he/she may select which parent they would like to live with.)
  • Factors that help determine child custody include:

    • Each parents ability to be a suitable custodian
    • Safety of the child
    • Psychological, emotional and developmental needs of the child
    • Prior care each parent has given to the child
    • History of substance abuse
  • There are four types of child custody: joint custody, joint legal custody, joint physical custody, and sole custody (You should further discuss each type with your attorney) 

Child Support

  • Georgia uses a child support obligation table to determine child support awarded 
  • Both parents are legally required to support their child until the age of 18 
  • Child support may be modified if there have been significant financial changes since the child support was issued. (Discuss this option with your divorce attorney as every case is different) 
  • If you are not receiving child support payments from your ex you have a right to file a Motion for Contempt against the offending party to rectify the situation.  

If you are going through a child custody/child support hearing it is important to speak to your family law attorney to figure out the best outcome for your case and to fully understand your rights.