On January 1, 2006, the rules for calculating child support in Georgia dramatically changed, and Georgia child support is now calculated based on the Georgia child support worksheet and its applicable schedules.
The new Georgia child support guidelines take into account the income of both parents and the necessary expenses of the child. The court or a jury can also take into account several deviations when determining the final child support obligation. O.C.G.A. 19-6-15 (b)(8) provides a non-exhaustive list of possible deviations such as high income, low income, life insurance costs and parenting time. The Parenting Time Deviation is perhaps the most litigated and least understood deviation on the list.
Georgia child support law allows a deviation to be made based on court ordered visitation with the child if such visitation makes the presumptive amount of child support “excessive or inadequate due to extended parenting time or when the child resides with both parents equally.” Like the other possible deviations to Georgia child support, the overriding concern for the court is the best interest of the child. No deviation would be permitted if it would seriously impair the ability of either parent to provide necessities for the child such as food and shelter.
If the court or a jury determines that the Parenting Time Deviation applies, then an amount is deducted from the Presumptive Amount of Child Support. There is no guidance from the statute as to the dollar amount that should be deducted, however the court will be guided by what is in the best interest of the child when considering your Georgia child support worksheet.
Getting Started
The above information is meant as a brief summary of certain aspects of Georgia family law, the new Georgia Child Support Guidelines, and Parenting Time Deviation as it applies to the new guidelines. If you are dealing with a child support issue in Georgia, we recommend that you speak with one of our Atlanta divorce attorneys sooner rather than later. We are proud to say that our attorneys are among the most knowledgeable and experienced in the state. Click here to see our Credentials and Client Reviews. Please note that for a typical family law proceeding, our law firm retainer begins at $2,500.00. To set up a consultation with one of our attorneys, please give us a call at (404) 239-3932, or visit our Divorce Attorney Homepage to fill out our contact information form. Thank you and we look forward to working with you.