In Georgia, both parents are responsible for supporting their children. Recent changes to the child support law now automatically take into consideration the number of parenting days (overnights) that a non-cutodial parent will exercise with the children. Child support calculations are now based initially on the following factors: gross income of each parent, parenting days, work-related child care expenses, accident and sickness insurance for the children.
Child support determinations begin with domestic relations financial affidavits and any other relevant financial information regarding the parents and the children.
Determining gross income for a parent who holds a position as an employee is as easy as looking as pay stubs, W-2's or tax returns. Where there are businesses being operated, either full-time or part-time, there are more complicated issues. A process similar to completing a Schedule C for a tax return must be done.
Gross income can also be affected by the obligation of a parent to support other children (but not stepchildren) of the parent, whether those children are in his or her household or not. Under certain circumstances, this will cause a downward adjustment in the monthly gross income of the parent who has these other children. A downward adjustment to one parent's gross income can lead to an upward adjustment of the other parent's support obligation.
Even after taking into account the basic factors (income, parenting time, daycare, health insurance), aA judge may deviate from child support guidelines in certain situations involving a number of specified and unspecified factors, but any such deviation has to be justified by the judge in written findings. Parties who agree to deviate from the child support guidelines must present reasons for the judge to approve the deviation. The judge's primary responsibility is to ensure the children of the parties will be adequately supported either by a traditional transfer of funds from one parent to the other or through some other means, such as payment of a mortgage in the home where the children reside.
Whether establishing child support, defending against enforcement, or seeking a modification of child support, we are experienced in focusing on these details to ensure that the appropriate aspects of the law are brought to the judge's attention when the obligation is set or sought to be modified or enforced.
At NMS Law Firm in northeast Georgia, we value the best interest of your children. Do you have questions or concerns regarding child support or child custody? Contact us today for a free consultation.
