Child support payments are generally awarded to the custodial parent of a minor child to help with expenses associated with raising that child. Georgia law uses a child support calculation that takes into account the income of both parents. The court-ordered child support amount is intended to equal the minimum…
Georgia Child Custody Law
The process of establishing child support payments often causes anxiety for parents going through the divorce process or paternity suits. Most parents want to pay reasonable child support if they do not have primary custody of their children, but often worry about the impact of excessive and financially crippling payments. Others who anticipate being awarded primary custody worry they will not be able to support the child at the appropriate level.
Georgia Child Support Laws
Atlanta parents should know that the state of Georgia requires both parents to support their children until a child reaches the age of 18, dies, graduates from high school, marries, emancipates, or joins the military. However, support can extend past the age of 18, such as in the case of a child still in high school.
Child Support Payment Requirements
The law requires noncustodial parents to pay a reasonable amount of child support to the custodial parent toward the child’s living expenses. Child support, in addition to a monthly or weekly sum, may also include such items as health insurance and payment of medical and dental expenses.
In 2007, the state of Georgia made some sweeping changes to child support laws and adopted a more rigid structure for determining what needs to be paid. The most important changes to the law included the following:
- The law now takes into account the combined income of both parents, along with the number of children to be supported, in determining the child support obligation.
- If currently paying or receiving child support, you may be entitled to a modification of your support order based on a financial change in circumstances. In other words, you might pay a substantially different amount based on the 2007 changes to the law.
- The court cannot order parents to pay for college. However, parents may agree to pay child support beyond the age of 18 or to pay for college expenses.
- A child support obligation ‘table” is now used to determine how much child support will be paid or received. With a more rigid structure, it is very important that courts have accurate information regarding each spouses income and earning potential when calculating that spouses ability to pay child support payments.
Georgia Child Support Calculator
1) Fill Out the Child Support Payment Calculator
Our child support calculator is a free tool for parents trying to determine how much they might have to pay in child support. For the Basic Child Support Obligation field, use this table to establish your basic child support obligation for the state of Georgia. This number represents the amount of child support required based on number of children and combined monthly household income.
2) Get Instant Child Support Estimate
This child custody calculator uses basic information to provide a general idea of what your monthly child support payments may be. To see the most accurate results, make sure you are entering correct and up-to-date income information for both the custodial and non-custodial parent.
3) Request More Accurate Child Support Payment Information
The calculated child support payment amount is an estimate based on general information to be used for planning and research purposes. To get an accurate monthly child support payment estimate, enter your email at the bottom of the form to have a child support attorney reach out to you with a personalized payment plan.
Child Support Calculation Example
Step 1. Gross Income
Mother earns $60,000 annually
Father earns $40,000 annually
Step 2. Combined Adjusted Income
$100,000 divided by 12 months = $8,333.33
Step 3. Basic Child Support Obligation
$1,134.00 (as provided by the table)
Step 4. Pro Rata Division
$60,000 divided by $100,000 = 60 percent (Mother)
$40,000 divided by $100,000 = 40 percent (Father)
Step 5. Presumptive amount of Child Support
Mother: $1,134.00 times 60% = $680.40
Father: $1,134.00 times 40% = $453.60
Some factors that may warrant variations in child support include, but are not limited to: ages of children, a child's medical costs, educational costs, daycare costs, shared physical custody arrangements including extended visitations, a party's other support obligations to another household, a party’s own medical expenses, and the income of the custodial parent.
What if the child’s other parent does not pay?
You have several remedies that may either be used separately or in conjunction with one another. The remedies include:
Contempt of Court
Abandonment Warrant for Arrest
Our Child Support Attorneys
We understand child support at Stearns-Montgomery & Proctor. Our attorneys keep up to speed on current child support guidelines and will guide you through the legal processes of determining, modifying, or appealing child support payments.
Attorney Mary Stearns-Montgomery has given several seminars on the new guidelines to other family law attorneys in Georgia, and serves on a subcommittee of the Georgia Child Support Guidelines Commission.
Additional Child Support Resources
For parents, finding reliable information about child support online can be a challenge. While most states’ child support laws are similar, the specifics vary from one state to the next, and it can often be difficult to tell whether a particular resource is up-to-date on the latest guidelines that apply.…
Every jurisdiction, including Georgia, has enacted child support guidelines used by the courts to determine what resources should be considered income for the purpose of calculating a parent’s child support obligation. Most of these guidelines employ the term “income from all sources.” Georgia’s child support guidelines require that the total…