Georgia's new child support law has dramatically changed child support payments for Georgia's divorced parents.  The new child support law became effective on January 1, 2007.  The new child support law uses the "income shares" approach to calculating child support, which is already used by about 2/3 of the United States.

       The income shares approach requires the courts to factor in the income of the custodial parent (the parent with whom the children live most of the time) when figuring the child support amount to be paid by the non-custodial parent.  Previously in Georgia, the courts were permitted, but not required, to consider the custodial parent's income in figuring the non-custodial parent's child support obligation.

     The biggest change in child support has been in situations when the custodial parent works and has substantial income.  Where the custodial parent has a significant income, the non-custodial parent's monthly child support payment is substantially lower under the new child support law than under the previous law.

     The new law provides new opportunities for non-custodial parents (whether men or women) to return to court to seek to reduce their child support, especially where the custodial parent works outside the home.  Generally speaking, the higher the income of the custodial parent, the greater the likely reduction in child support of the non-custodial parent.

     The new law applies both in divorce cases and in post-divorce cases, such as lawsuits filed specifically just to change child support or to change custody also.  The new law applies to any case which is heard by the court after January 1, 2007 even if it was filed before that date.

     It is important to remember that changes in child support because of the new child support law are not automatic.  The lower child support will not become effective until the court holds a hearing in your case.  The non-custodial parent must file a lawsuit  asking the court to reduce his or her monthly child support amount before a court hearing can be held.

     Another important change in the law is to take away from juries the power to set child support.  That responsibility under the new law belongs to the Judge, although juries can still be asked to determine what the parents' incomes are, especially in situations where either or both parents are self-employed and their income may be difficult to prove, and what deviations from the basic child support amount are appropriate.

     Under the new child support law, child support is calculated in three basic steps (in this example, for two children).  First, the basic child support obligation (BCSO) is figured by multiplying the percentage that the non-custodial parent's income forms of the two parents' total income against a table of child support amounts established by Georgia's General Assembly.  For example, if the non-custodial father earns $60,000 per year and the custodial mother earns $40,000 per year, the father's BCSO would by 60% of $1,578, or $946.80 per month.  The $1,578 figure is the number established by the General Assembly as the average cost of raising two children in Georgia for a family with a combined income of $100,000 per year.

      Second, the BSCO is adjusted by the cost of health insurance premiums for the children and work-related day care costs.  These adjustments create the Presumptive Amount of Child Support (PACS).  Third, the PACS can be adjusted for specific and non-specific grounds for deviating from the PACS.

     Specific grounds for deviating from the PACS include income below $1,850 per month (the law guarantees that the non-custodial parent will be left with at least $900 per month to live on) or above $30,000 per month, the cost of exercising visitation (for example, where the non-custodial parent lives out of state), extraordinary health or education expenses, and unusually high or low amounts of non-custodial visitation with the children.  There are also several other specific grounds for deviating from the PACS.

     The new child support law also gives a non-specific basis for deviating from the PACS whenever "the Court or the jury finds it is in the best interests of the Child."  The minimum monthly child support amount that the Court can order is $75 per month.

     The new child support law also substantially changes the ground rules for when a parent can return to court to try to change the child support level.

     After a parent files a request to modify his or her child support, that particular parent cannot file another request to further change his or her child support for at least two years.  The new child support law permits another request to change child support to be filed in less than two years if either parent has lost at least 25% of his or her income involuntarily or if the non-custodial parent is exercising substantially less or substantially more visitation than was previously ordered.

     Two related important changes are (1) if the change in child support is substantial, the court has the power to phase it in more slowly and (2) the court has the power, for the first time, to make any modification of child support effective from the date a child support modification lawsuit is served on the other parent, rather than from the date of the hearing.

     Understanding the complex new child support law can be challenging, and we would welcome the opportunity to consult with you about it.  Please contact us today for more information. 

IF YOU HAVE CUSTODY QUESTIONS, CLICK HERE.

IF YOU WOULD LIKE INFORMATION ON HIRING A LAWYER, CLICK HERE.

If you have other questions: