| The award of child support to the custodial parent for the benefit of the children is generally based on the monetary needs of the children and the ability of the parents to pay. Unlike alimony, the courts have less discretion in determining the amount of money to award because of the creation of child support guidelines that have been adopted in Georgia. These guidelines dictate a range of percentages of the noncustodial parent's income based on the number of children, their ages, any special needs of the children and the parents' incomes. Additionally, parties can be ordered to purchase and maintain medical insurance for their children.
A determination as to who is going to provide medical health care insurance for the children and how any uninsured medical expenses shall be paid between the parties is typically part of the parties' marital settlement agreement during the divorce process. If medical insurance is available through a parent's employment, they are required to cover their children through the plan. In Georgia, both parents are obligated to provide for the support of a child until the child reaches the age of 18, or graduates from high school, whichever is later, but no later than age 20. Neither parent is under an obligation to support a child in college. However, if the parties reached a settlement agreement that provided that the parent was to provide support after the child graduated high school and that agreement is included in the Final Decree of Divorce, then the court will enforce the agreement as if it were law. Georgia's Child Support Guidelines The child support guidelines in Georgia are based on the gross income of the non -custodial parent. The guidelines provide a range of percentages that represent the percentage of the non-custodial parent's gross income that must be paid to the custodial parent for the support of the child or children. The guidelines provided the following ranges:
One child = 17-23 % The court has discretion in setting the percentage within the range or even deviating from the guidelines. In setting the percentage, the court can consider the age of the child, the cost of day care, the cost of the education of the child, the custodial parent's income, and whether there are children from other prior marriages or relationships. The child support guidelines apply to both divorce and paternity actions. Orders providing for the support and custody of children are subject to modification after the divorce if there is a substantial change in the circumstances of the parties i.e. an increase or decrease in income or a change in the living arrangements of the children. |