Child Support
CHILD SUPPORT GUIDELINES
Georgia set new Child Support Guidelines that took effect on January 1, 2007, and apply to all pending civil actions filed after this date. The new guidelines have a few more consideration than did the old Georgia rules on Child Support. The following are a few of those new considerations:
1. First, the gross income of both the mother and the father is determined. This income includes amounts from all non-exempt sources and includes: salary, wages, commissions, self-employed income, bonuses, overtime pay, severance pay, pension and retirement income, interest income, dividend income, trust income annuity income, capital gains, Social Security disability payments, worker's compensation benefits, unemployment benefits, judgments from personal injury claims or other civil cases, gifts, prizes, alimony from persons not in the subject case, assets which are used for support of family, fringe benefits that significantly reduce living expenses, and any other income including imputed income. Variable income such as commissions or bonuses must be averaged over a reasonable period of time.
2. Next, the income may be adjusted in three ways. If there is self-employed income, there is a reduction for one-half of the self-employment taxes being paid. Secondly, if either parent is paying child support under a preexisting child support order, the monthly gross income of such parent is reduced by the amount of monthly support such parent has been actually paying. Finally, if either parent is supporting his or her own children living in the home, but who are not the subject of this child support determination, the court in its discretion may reduce the gross income after calculating a theoretical child support order.
3. Once the initial adjustments are made, you will get your combined adjusted income. From this combined adjusted income you can arrive at your pro-rata share of child support by referencing the child support pro-rata share chart.
4. These guidelines also look at insurance expenses of the child and which parent is paying insurance for the child. This will allow for a deviation for the parent who is carrying the child?s insurance.
5. Next, the guidelines consider the cost of childcare for the child during school time, school break time(such as Christmas and spring break), and then again when the child is out of school for summer break. Georgia guidelines will also allow deviations for the parent who bares this expense as well as the expenses of any extraordinary and extracurricular activities the child may participate in; and
6. Some specific deviations may apply in some cases. These include low income, high income, parenting time, other health-related insurance, life insurance, child and dependent care tax, visitation-related travel expenses, alimony paid, mortgage (if noncustodial parent is providing for the cost of the home where the child resides), and permanency plans or foster care plans. Additionally, there is a catch-all (non-specific) deviation that allows any deviation the court or jury finds may be appropriate and in the best interest of the child.
These are most of the factors taken into account by the 2007 Georgia Child Support Guidelines, and yes this is a great deal of information to process and apply if you have never had training. The Sauls Law Firm has handled numerous cases that involve child support, and can assist you in figuring out these new procedures.
MODIFICATION OF CHILD SUPPORT
1. With today's economic woes, I have had clients seek a modification due to a loss of a job. Well, here is the information you need to know.
a. If you have suffered an involuntary income loss of 25% or more, the portion of the child support attributable to the lost income will not accrue from the date of service of the petition for modification.
2. These 2007 Georgia Child Support Guidelines have resulted in a large change from the prior award of child support, and I just don?t know what I should do.
a. If the 2007 guidelines result in a big change (greater than 15%) from the award prior to January 1, 2007, there may be a phase-in of such changes.
3. I have a court order, but child support was awarded longer than two years ago. I have a need for an increase in child support.
a. Modification in support may be sought and if no reliable evidence of income or other information for determining current ability to pay or reliable evidence of income potential is produced, the court may increase the child support by an increment of at least 10 percent per year for each year since the Final Child Support Order was entered or last modified.
4. I have a father/mother who is under employed, and I am just not able to make it on the current child support award.
a. The statute provides for imputing income if a parent fails to produce reliable evidence of income. The court may also determine whether a parent is willfully or voluntarily unemployed or underemployed.
5. What is the duration of child support?
a. The duration of child support is required to continue until the child reaches the age of majority, dies, marries, or becomes emancipated.
There are many more questions that a parent may have regarding modifications of child support. The Sauls Law Firm is here to help, and all you have to do is pick up the phone and give us a call.