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Georgia has child support guidelines based upon the income of the noncustodial parent. There is a range of percentages, depending on the number of children, and computed on the gross income from all sources:

• The range for one child is 17-23 % of the gross income of the noncustodial parent.
• The range for two children is 23-28% of the gross income of the noncustodial parent.
• The range for three children is 25-32% of the gross income of the noncustodial parent.
• The range for four children is 29-35% of the gross income of the noncustodial parent.
• The range for five or more children is 31-37% of the gross of the noncustodial parent.

Application of these guidelines create a presumption that the amount of child support is correct. The court must make specific findings on the record that there is sufficient reason to vary from these guidelines.

Some of the statutory factors which the court may consider in making a determination to deviate from the guidelines are:

1. Ages of the children
2. Extraordinary medical costs or needs
3. Educational costs
4. Day-care costs
5. Shared physical custody arrangements, including extended visitation
6. One party's other support obligations to another household
7. Income that should be imputed to a party because of suppression of income
8. In-kind income for the self-employed, such as reimbursed meals or a company car
9. Other support a party is providing or will be providing, such as payment of a mortgage
10. A party's own extraordinary needs, such as medical expenses
11. Extreme economic circumstances including but not limited to:
    (A) Unusually high debt structure; or
    (B) Unusually high income of either party or both parties, which shall be construed as individual gross income of over $75,000.00 per annum
12. Historical spending in the family for children which varies significantly from the guidelines
13. Considerations of the economic cost-of-living factors of the community of each party
14. In-kind contribution of either parent
15. The income of the custodial parent
16. The cost of accident and sickness insurance coverage for dependent children included in the order
17. Extraordinary travel expenses to exercise visitation or shared physical custody
18. Any other factor which the trier of fact deems to be required by the ends of justice

APPLICATION AND MODIFICATION

The Child support guidelines are the same whether the support obligation arises out of a divorce or a paternity action. The courts will also use these guidelines in interstate child support cases.
Child support may be modified, up or down, whenever there is a substantial change in income or financial circumstances of either party, or the needs of the children. A modification action may be filed by either party at any time after the divorce or initial final order of support. Another modification action may not be filed by the same party until 2 years has passed from the previous final order on modification, regardless of the outcome.

As with other financial issues in a divorce, either party may choose to have the permanent determination of child support decided by a jury, whether it is the initial determination, or a modification. A judge, sitting without a jury, may make a temporary award of support, or temporary modification, while the parties are waiting for a jury trial.

A WORD OF CAUTION

Under Georgia law, an obligation of child support continues until it is modified by a formal order of the court. The parties cannot agree to change it without court intervention, and it will not change or terminate when a child goes to live with the other parent. There is no statute of limitation on the collection of past due support, and interested will be added at the judgment rate.

-- Anthony M. Zezima, Attorney at Law