O.C.G.A. § 19-6-15
GEORGIA CODE
Copyright 2017 by The State of Georgia
All rights reserved.
*** Current through the 2017 Regular Session of the General Assembly. ***
TITLE 19. DOMESTIC RELATIONS
CHAPTER 6. ALIMONY AND CHILD SUPPORT
ARTICLE 1. GENERAL PROVISIONS
O.C.G.A. § 19-6-15 (2017)
§ 19-6-15. Child support in final
verdict or decree; guidelines for determining amount of award; continuation of
duty to provide support; duration of support
(a) Definitions. As used
in this Code section, the term:
(1) Reserved.
(2) "Adjusted
income" means the determination of a parent's monthly income, calculated
by deducting from that parent's monthly gross income one-half of the amount of
any applicable self-employment taxes being paid by the parent, any preexisting
order for current child support which is being paid by the parent, and any
theoretical child support order for other qualified children, if allowed by the
court. For further reference see paragraph (5) of subsection (f) of this Code
section.
(3) "Basic child
support obligation" means the monthly amount of support displayed on the
child support obligation table which corresponds to the combined adjusted
income and the number of children for whom child support is being determined.
(4) "Child"
means child or children.
(5) Reserved.
(6) "Child support
obligation table" means the chart in subsection (o) of this Code section.
(6.1) "Child support
services" means the entity within the Department of Human Services and its
contractors that are authorized to enforce a duty of support.
(7) "Combined
adjusted income" means the amount of adjusted income of the custodial
parent added to the amount of adjusted income of the noncustodial parent.
(8) "Court"
means a judge of any court of record or an administrative law judge of the
Office of State Administrative Hearings.
(9) "Custodial
parent" means the parent with whom the child resides more than 50 percent
of the time. Where a custodial parent has not been designated or where a child
resides with both parents an equal amount of time, the court shall designate
the custodial parent as the parent with the lesser support obligation and the
other parent as the noncustodial parent. Where the child resides equally with both
parents and neither parent can be determined as owing a greater amount than the
other, the court shall determine which parent to designate as the custodial
parent for the purpose of this Code section.
(10) "Deviation"
means an increase or decrease from the presumptive amount of child support if
the presumed order is rebutted by evidence and the required findings of fact
are made by the court pursuant to subsection (i) of this Code section.
(11) "Final child
support order" means the presumptive amount of child support adjusted by
any deviations.
(12) "Gross
income" means all income to be included in the calculation of child
support as set forth in subsection (f) of this Code section.
(13) "Health
insurance" means any general health or medical policy. For further
reference see paragraph (2) of subsection (h) of this Code section.
(14) "Noncustodial
parent" means the parent with whom the child resides less than 50 percent
of the time or the parent who has the greater payment obligation for child
support. Where the child resides equally with both parents and neither parent
can be determined as owing a lesser amount than the other, the court shall
determine which parent to designate as the noncustodial parent for the purpose
of this Code section.
(15) "Nonparent
custodian" means an individual who has been granted legal custody of a
child, or an individual who has a legal right to seek, modify, or enforce a
child support order.
(16) "Parent"
means a person who owes a child a duty of support pursuant to Code Section
19-7-2.
(17) "Parenting time
deviation" means a deviation allowed for the noncustodial parent based
upon the noncustodial parent's court ordered visitation with the child. For
further reference see subsections (g) and (i) of this Code section.
(18) "Preexisting
order" means:
(A) An
order in another case that requires a parent to make child support payments for
another child, which child support the parent is actually paying, as evidenced
by documentation as provided in division (f)(5)(B)(iii) of this Code section;
and
(B) That
the date and time of filing with the clerk of court of the initial order for
each such other case is earlier than the date and time of filing with the clerk
of court of the initial order in the case immediately before the court,
regardless of the age of any child in any of the cases.
(19) "Presumptive
amount of child support" means the basic child support obligation
including health insurance and work related child care costs.
(20) "Qualified
child" or "qualified children" means any child:
(A) For
whom the parent is legally responsible and in whose home the child resides;
(B) That
the parent is actually supporting;
(C) Who
is not subject to a preexisting order; and
(D) Who
is not before the court to set, modify, or enforce support in the case
immediately under consideration.
Qualified children shall not include
stepchildren or other minors in the home that the parent has no legal
obligation to support.
(21) "Split
parenting" can occur in a child support case only if there are two or more
children of the same parents, where one parent is the custodial parent for at
least one child of the parents, and the other parent is the custodial parent for
at least one other child of the parents. In a split parenting case, each parent
is the custodial parent of any child spending more than 50 percent of the time
with that parent and is the noncustodial parent of any child spending more than
50 percent of the time with the other parent. A split parenting situation shall
have two custodial parents and two noncustodial parents, but no child shall
have more than one custodial parent or noncustodial parent.
(22) "Theoretical
child support order" means a hypothetical child support order for
qualified children calculated as set forth in subparagraph (f)(5)(C) of this
Code section which allows the court to determine the amount of child support as
if a child support order existed.
(23) "Uninsured
health care expenses" means a child's uninsured medical expenses
including, but not limited to, health insurance copayments, deductibles, and
such other costs as are reasonably necessary for orthodontia, dental treatment,
asthma treatments, physical therapy, vision care, and any acute or chronic
medical or health problem or mental health illness, including counseling and
other medical or mental health expenses, that are not covered by insurance. For
further reference see paragraph (3) of subsection (h) of this Code section.
(24) "Work related
child care costs" means expenses for the care of the child for whom
support is being determined which are due to employment of either parent. In an
appropriate case, the court may consider the child care costs associated with a
parent's job search or the training or education of a parent necessary to
obtain a job or enhance earning potential, not to exceed a reasonable time as
determined by the court, if the parent proves by a preponderance of the
evidence that the job search, job training, or education will benefit the child
being supported. The term shall be projected for the next consecutive 12 months
and averaged to obtain a monthly amount. For further reference see paragraph
(1) of subsection (h) of this Code section.
(25) "Worksheet"
or "child support worksheet" means the document used to record
information necessary to determine and calculate monthly child support. For
further reference see subsection (m) of this Code section.
(b) Process of calculating child support. Pursuant to this Code section, the determination
of monthly child support shall be calculated as follows:
(1) Determine the monthly
gross income of both the custodial parent and the noncustodial parent. Gross
income may include imputed income, if applicable. The determination of monthly
gross income shall be entered on the Child Support Schedule A -- Gross Income;
(2) Adjust each parent's
monthly gross income by deducting the following from the parents' monthly gross
income and entering it on the Child Support Schedule B -- Adjusted Income if
any of the following apply:
(A) One-half
of the amount of self-employment taxes;
(B) Preexisting
orders; and
(C) Theoretical
child support order for qualified children, if allowed by the court;
(3) Add each parent's
adjusted income together;
(4) Locate the basic
child support obligation by referring to the child support obligation table.
Using the figure closest to the amount of the combined adjusted income, locate
the amount of the basic child support obligation. If the combined adjusted
income falls between the amounts shown in the table, then the basic child
support obligation shall be based on the income bracket most closely matched to
the combined adjusted income. The basic child support obligation amount stated
in subsection (o) of this Code section shall be rebuttably presumed to be the
appropriate amount of child support to be provided by the custodial parent and
the noncustodial parent prior to consideration of health insurance, work
related child care costs, and deviations;
(5) Calculate the pro
rata share of the basic child support obligation for the custodial parent and
the noncustodial parent by dividing the combined adjusted income into each
parent's adjusted income to arrive at each parent's pro rata percentage of the
basic child support obligation;
(6) Find the adjusted
child support obligation amount by adding the additional expenses of the costs
of health insurance and work related child care costs, prorating such expenses
in accordance with each parent's pro rata share of the obligation and adding
such expenses to the pro rata share of the basic child support obligation. The
monthly cost of health insurance premiums and work related child care costs
shall be entered on the Child Support Schedule D -- Additional Expenses. The
pro rata share of the monthly basic child support obligation and the pro rata
share of the combined additional expenses shall be added together to create the
monthly adjusted child support obligation;
(7) Determine the amount
of child support for the custodial parent and the noncustodial parent resulting
in a monthly sum certain payment due to the custodial parent by assigning or
deducting credit for actual payments for health insurance and work related
child care costs from the basic child support obligation;
(8) In accordance with
subsection (i) of this Code section, deviations subtracted from or added to the
presumptive amount of child support shall be applied, if applicable, and if
supported by the required findings of fact and application of the best interest
of the child standard. The proposed deviations shall be entered on the Child
Support Schedule E -- Deviations. In the court's or the jury's discretion,
deviations may include, but shall not be limited to, the following:
(A) High
income;
(B) Low
income;
(C) Other
health related insurance;
(D) Life
insurance;
(E) Child
and dependent care tax credit;
(F) Travel
expenses;
(G) Alimony;
(H) Mortgage;
(I) Permanency
plan or foster care plan;
(J) Extraordinary
expenses;
(K) Parenting
time; and
(L) Nonspecific
deviations;
(9) Any benefits which
the child receives under Title II of the federal Social Security Act shall be
applied against the final child support order. The final child support amount
for each parent shall be entered on the child support worksheet, together with
the information from each of the utilized schedules;
(10) The parents shall
allocate the uninsured health care expenses which shall be based on the pro
rata responsibility of the parents or as otherwise ordered by the court. Each
parent's pro rata responsibility for uninsured health care expenses shall be
entered on the child support worksheet;
(11) In a split parenting
case, there shall be a separate calculation and final child support order for
each parent; and
(12) When there is more
than one child for whom support is being determined, the court shall establish
the amount of support and the duration of such support in accordance with
subsection (e) of this Code section. Separate worksheets shall be utilized for
such determination and shall be attached to the final child support order. Such
order shall contain findings as required by law.
(c) Applicability and required findings.
(1) The child support
guidelines contained in this Code section are a minimum basis for determining
the amount of child support and shall apply as a rebuttable presumption in all
legal proceedings involving the child support responsibility of a parent. This
Code section shall be used when the court enters a temporary or permanent child
support order in a contested or noncontested hearing or order in a civil action
filed pursuant to Code Section 19-13-4. The rebuttable presumptive amount of
child support provided by this Code section may be increased or decreased
according to the best interest of the child for whom support is being
considered, the circumstances of the parties, the grounds for deviation set
forth in subsection (i) of this Code section, and to achieve the state policy
of affording to children of unmarried parents, to the extent possible, the same
economic standard of living enjoyed by children living in intact families
consisting of parents with similar financial means.
(2) The provisions of
this Code section shall not apply with respect to any divorce case in which
there are no minor children, except to the limited extent authorized by
subsection (e) of this Code section. In the final judgment or decree in a
divorce case in which there are minor children, or in other cases which are
governed by the provisions of this Code section, the court shall:
(A) Specify
in what sum certain amount, the duration of such support, and from which parent
the child is entitled to permanent support as determined by use of the
worksheet or multiple worksheets when there is more than one minor child;
(B) Specify
in what manner, how often, to whom, and until when the support shall be paid;
(C) Include
a written finding of each parent's gross income as determined by the court or
the jury;
(D) Determine
whether health insurance for the child involved is reasonably available at a
reasonable cost to either parent. If the health insurance is reasonably
available at a reasonable cost to the parent, then the court shall order that
the child be covered under such health insurance;
(E) Include
written findings of fact as to whether one or more of the deviations allowed
under this Code section are applicable, and if one or more such deviations are
applicable as determined by the court or the jury, the written findings of fact
shall further set forth:
(i) The
reasons the court or the jury deviated from the presumptive amount of child
support;
(ii) The
amount of child support that would have been required under this Code section
if the presumptive amount of child support had not been rebutted; and
(iii) A
finding that states how the court's or the jury's application of the child
support guidelines would be unjust or inappropriate considering the relative
ability of each parent to provide support and how the best interest of the
child who is subject to the child support determination is served by deviation
from the presumptive amount of child support;
(F) Specify
the amount of the noncustodial parent's parenting time as set forth in the
order of visitation;
(G) Include
a written finding regarding the use of benefits received under Title II of the
federal Social Security Act in the calculation of the amount of child support;
and
(H) Specify
the percentage of uninsured health care expenses for which each parent shall be
responsible.
(3) When child support is
ordered, the party who is required to pay the child support shall not be liable
to third persons for necessaries furnished to the child embraced in the
judgment or decree.
(4) In all cases, the
parties shall submit to the court their worksheets and schedules and the
presence or absence of other factors to be considered by the court pursuant to
the provisions of this Code section.
(5) In any case in which
the gross income of the custodial parent and the noncustodial parent is
determined by a jury, the court shall charge the provisions of this Code
section applicable to the determination of gross income. The jury shall be
required to return a special interrogatory determining gross income. The court
shall determine adjusted income, health insurance costs, and work related child
care costs. Based upon the jury's verdict as to gross income, the court shall
determine the presumptive amount of child support in accordance with the
provisions of this Code section. The court shall inform the jury of the
presumptive amount of child support and the identity of the custodial and
noncustodial parents. In the final instructions to the jury, the court shall
charge the provisions of this Code section applicable to the determination of
deviations and the jury shall be required to return a special interrogatory as
to deviations and the final award of child support. The court shall include its
findings and the jury's verdict on the child support worksheet in accordance
with this Code section and Code Section 19-5-12.
(6) Nothing contained within
this Code section shall prevent the parties from entering into an enforceable
agreement contrary to the presumptive amount of child support which may be made
the order of the court pursuant to review by the court of the adequacy of the
child support amounts negotiated by the parties, including the provision for
medical expenses and health insurance; provided, however, that if the agreement
negotiated by the parties does not comply with the provisions contained in this
Code section and does not contain findings of fact as required to support a
deviation, the court shall reject such agreement.
(7) In any case filed
pursuant to Chapter 11 of this title, relating to the "Child Support
Recovery Act," the "Uniform Reciprocal Enforcement of Support
Act," or the "Uniform Interstate Family Support Act," the court
shall make all determinations of fact, including gross income and deviations,
and a jury shall not hear any issue related to such cases.
(d) Nature of guidelines; court's
discretion. In the event of a
hearing or trial on the issue of child support, the guidelines enumerated in
this Code section are intended by the General Assembly to be guidelines only
and any court so applying these guidelines shall not abrogate its
responsibility in making the final determination of child support based on the
evidence presented to it at the time of the hearing or trial.
(e) Duration of child support
responsibility. The duty to
provide support for a minor child shall continue until the child reaches the
age of majority, dies, marries, or becomes emancipated, whichever first occurs;
provided, however, that, in any temporary, final, or modified order for child
support with respect to any proceeding for divorce, separate maintenance,
legitimacy, or paternity entered on or after July 1, 1992, the court, in the
exercise of sound discretion, may direct either or both parents to provide
financial assistance to a child who has not previously married or become
emancipated, who is enrolled in and attending a secondary school, and who has
attained the age of majority before completing his or her secondary school
education, provided that such financial assistance shall not be required after
a child attains 20 years of age. The provisions for child support provided in
this subsection may be enforced by either parent, by any nonparent custodian,
by a guardian appointed to receive child support for the child for whose
benefit the child support is ordered, or by the child for whose benefit the
child support is ordered.
(f) Gross income.
(1) Inclusion to gross
income.
(A) Attributable
income. Gross income of each
parent shall be determined in the process of setting the presumptive amount of
child support and shall include all income from any source, before deductions for
taxes and other deductions such as preexisting orders for child support and
credits for other qualified children, whether earned or unearned, and includes,
but is not limited to, the following:
(i) Salaries;
(ii) Commissions,
fees, and tips;
(iii) Income
from self-employment;
(iv) Bonuses;
(v) Overtime
payments;
(vi) Severance
pay;
(vii) Recurring
income from pensions or retirement plans including, but not limited to, United
States Department of Veterans Affairs, Railroad Retirement Board, Keoghs, and
individual retirement accounts;
(viii) Interest
income;
(ix) Dividend
income;
(x) Trust
income;
(xi) Income
from annuities;
(xii) Capital
gains;
(xiii) Disability
or retirement benefits that are received from the Social Security
Administration pursuant to Title II of the federal Social Security Act;
(xiv) Disability
benefits that are received pursuant to the federal Veterans' Benefits Act of
2010, 38 U.S.C. Section 101, et seq.;
(xv) Workers'
compensation benefits, whether temporary or permanent;
(xvi) Unemployment
insurance benefits;
(xvii) Judgments
recovered for personal injuries and awards from other civil actions;
(xviii) Gifts
that consist of cash or other liquid instruments, or which can be converted to
cash;
(xix) Prizes;
(xx) Lottery
winnings;
(xxi) Alimony
or maintenance received from persons other than parties to the proceeding
before the court;
(xxii) Assets
which are used for the support of the family; and
(xxiii) Other
income.
(B) Self-employment
income. Income from
self-employment includes income from, but not limited to, business operations,
work as an independent contractor or consultant, sales of goods or services,
and rental properties, less ordinary and reasonable expenses necessary to
produce such income. Income from self-employment, rent, royalties, proprietorship
of a business, or joint ownership of a partnership, limited liability company,
or closely held corporation is defined as gross receipts minus ordinary and
reasonable expenses required for self-employment or business operations.
Ordinary and reasonable expenses of self-employment or business operations
necessary to produce income do not include:
(i) Excessive
promotional, travel, vehicle, or personal living expenses, depreciation on
equipment, or costs of operation of home offices; or
(ii) Amounts
allowable by the Internal Revenue Service for the accelerated component of
depreciation expenses, investment tax credits, or any other business expenses
determined by the court or the jury to be inappropriate for determining gross
income.
In general, income and expenses from
self-employment or operation of a business should be carefully reviewed by the
court or the jury to determine an appropriate level of gross income available
to the parent to satisfy a child support obligation. Generally, this amount
will differ from a determination of business income for tax purposes.
(C) Fringe
benefits. Fringe benefits for
inclusion as income or "in kind" remuneration received by a parent in
the course of employment, or operation of a trade or business, shall be counted
as income if the benefits significantly reduce personal living expenses. Such
fringe benefits might include, but are not limited to, use of a company car,
housing, or room and board. Fringe benefits shall not include employee benefits
that are typically added to the salary, wage, or other compensation that a
parent may receive as a standard added benefit, including, but not limited to,
employer paid portions of health insurance premiums or employer contributions
to a retirement or pension plan.
(D) Variable
income. Variable income such as
commissions, bonuses, overtime pay, military bonuses, and dividends shall be
averaged by the court or the jury over a reasonable period of time consistent
with the circumstances of the case and added to a parent's fixed salary or
wages to determine gross income. When income is received on an irregular,
nonrecurring, or one-time basis, the court or the jury may, but is not required
to, average or prorate the income over a reasonable specified period of time or
require the parent to pay as a one-time support amount a percentage of his or
her nonrecurring income, taking into consideration the percentage of recurring
income of that parent.
(E) Military
compensation and allowances. Income
for a parent who is an active duty member of the regular or reserve component
of the United States armed forces, the United States Coast Guard, the merchant
marine of the United States, the commissioned corps of the Public Health
Service or the National Oceanic and Atmospheric Administration, the National
Guard, or the Air National Guard shall include:
(i) Base
pay;
(ii) Drill
pay;
(iii) Basic
allowance for subsistence, whether paid directly to the parent or received
in-kind; and
(iv) Basic
allowance for housing, whether paid directly to the parent or received in-kind,
determined at the parent's pay grade at the without dependent rate, but shall
include only so much of the allowance that is not attributable to area variable
housing costs.
Except as determined by the court or jury,
special pay or incentive pay, allowances for clothing or family separation, and
reimbursed expenses related to the parent's assignment to a high cost of living
location shall not be considered income for the purpose of determining gross
income.
(2) Exclusions from
gross income. Excluded from
gross income are the following:
(A) Child
support payments received by either parent for the benefit of a child of
another relationship;
(B) Benefits
received from means-tested public assistance programs such as, but not limited
to:
(i) PeachCare
for Kids Program, Temporary Assistance for Needy Families Program, or similar
programs in other states or territories under Title IV-A of the federal Social
Security Act;
(ii) Food
stamps or the value of food assistance provided by way of electronic benefits
transfer procedures by the Department of Human Services;
(iii) Supplemental
security income received under Title XVI of the federal Social Security Act;
(iv) Benefits
received under Section 402(d) of the federal Social Security Act for disabled
adult children of deceased disabled workers; and
(v) Low-income
heating and energy assistance program payments;
(C) Foster
care payments paid by the Department of Human Services or a licensed child
placing agency for providing foster care to a foster child in the custody of
the Department of Human Services; and
(D) A
nonparent custodian's gross income.
(3) Social Security
benefits.
(A) Benefits
received under Title II of the federal Social Security Act by a child on the
obligor's account shall be counted as child support payments and shall be
applied against the final child support order to be paid by the obligor for the
child.
(B) After
calculating the obligor's monthly gross income, including the countable social
security benefits as specified in division (1)(A)(xiii) of this subsection, and
after calculating the amount of child support, if the presumptive amount of
child support, as increased or decreased by deviations, is greater than the
social security benefits paid on behalf of the child on the obligor's account,
the obligor shall be required to pay the amount exceeding the social security
benefit as part of the final child support order in the case.
(C) After
calculating the obligor's monthly gross income, including the countable social
security benefits as specified in division (1)(A)(xiii) of this subsection, and
after calculating the amount of child support, if the presumptive amount of
child support, as increased or decreased by deviations, is equal to or less
than the social security benefits paid to the nonparent custodian or custodial
parent on behalf of the child on the obligor's account, the child support
responsibility of that parent shall have been met and no further child support
shall be paid.
(D) Any
benefit amounts under Title II of the federal Social Security Act as determined
by the Social Security Administration sent to the nonparent custodian or
custodial parent by the Social Security Administration for the child's benefit
which are greater than the final child support order shall be retained by the
nonparent custodian or custodial parent for the child's benefit and shall not
be used as a reason for decreasing the final child support order or reducing
arrearages.
(4) Reliable evidence
of income.
(A) Imputed
income. When establishing the
amount of child support, if a parent fails to produce reliable evidence of
income, such as tax returns for prior years, check stubs, or other information
for determining current ability to pay child support or ability to pay child
support in prior years, and the court or the jury has no other reliable
evidence of the parent's income or income potential, gross income for the
current year shall be determined by imputing gross income based on a 40 hour
workweek at minimum wage.
(B)
Modification. When cases with
established orders are reviewed for modification and a parent fails to produce
reliable evidence of income, such as tax returns for prior years, check stubs,
or other information for determining current ability to pay child support or
ability to pay child support in prior years, and the court or jury has no other
reliable evidence of such parent's income or income potential, the court or
jury may increase the child support of the parent failing or refusing to
produce evidence of income by an increment of at least 10 percent per year of
such parent's gross income for each year since the final child support order
was entered or last modified and shall calculate the basic child support
obligation using the increased amount as such parent's gross income.
(C)
Rehearing. If income is imputed
pursuant to subparagraph (A) of this paragraph, the party believing the income
of the other party is higher than the amount imputed may provide within 90
days, upon motion to the court, evidence necessary to determine the appropriate
amount of child support based upon reliable evidence. A hearing shall be
scheduled after the motion is filed. The court may increase, decrease, or leave
unchanged the amount of current child support from the date of filing of either
parent's initial filing or motion for reconsideration. While the motion for
reconsideration is pending, the obligor shall be responsible for the amount of
child support originally ordered. Arrearages entered in the original child
support order based upon imputed income shall not be forgiven. When there is
reliable evidence to support a motion for reconsideration of the amount of
income imputed, the party seeking reconsideration shall not be required to
prove the existence of grounds for modification of an order pursuant to
subsection (k) of this Code section.
(D)
Willful or voluntary unemployment or underemployment. In determining whether a parent is willfully or
voluntarily unemployed or underemployed, the court or the jury shall ascertain
the reasons for the parent's occupational choices and assess the reasonableness
of these choices in light of the parent's responsibility to support his or her
child and whether such choices benefit the child. A determination of willful or
voluntary unemployment or underemployment shall not be limited to occupational
choices motivated only by an intent to avoid or reduce the payment of child
support but can be based on any intentional choice or act that affects a
parent's income. In determining willful or voluntary unemployment or
underemployment, the court may examine whether there is a substantial
likelihood that the parent could, with reasonable effort, apply his or her
education, skills, or training to produce income. Specific factors for the
court to consider when determining willful or voluntary unemployment or
underemployment include, but are not limited to:
(i) The
parent's past and present employment;
(ii) The
parent's education and training;
(iii) Whether
unemployment or underemployment for the purpose of pursuing additional training
or education is reasonable in light of the parent's responsibility to support
his or her child and, to this end, whether the training or education may
ultimately benefit the child in the case immediately under consideration by
increasing the parent's level of support for that child in the future;
(iv) A
parent's ownership of valuable assets and resources, such as an expensive home
or automobile, that appear inappropriate or unreasonable for the income claimed
by the parent;
(v) The
parent's own health and ability to work outside the home; and
(vi) The
parent's role as caretaker of a child of that parent, a disabled or seriously
ill child of that parent, or a disabled or seriously ill adult child of that parent,
or any other disabled or seriously ill relative for whom that parent has
assumed the role of caretaker, which eliminates or substantially reduces the
parent's ability to work outside the home, and the need of that parent to
continue in the role of caretaker in the future. When considering the income
potential of a parent whose work experience is limited due to the caretaker
role of that parent, the court shall consider the following factors:
(I) Whether
the parent acted in the role of full-time caretaker immediately prior to
separation by the married parties or prior to the divorce or annulment of the
marriage or dissolution of another relationship in which the parent was a
full-time caretaker;
(II) The
length of time the parent staying at home has remained out of the work force
for this purpose;
(III) The
parent's education, training, and ability to work; and
(IV) Whether
the parent is caring for a child who is four years of age or younger. If the
court or the jury determines that a parent is willfully or voluntarily
unemployed or underemployed, child support shall be calculated based on a
determination of earning capacity, as evidenced by educational level or
previous work experience. In the absence of any other reliable evidence, income
may be imputed to the parent pursuant to a determination that gross income for
the current year is based on a 40 hour workweek at minimum wage.
A determination of willful and voluntary
unemployment or underemployment shall not be made when an individual is
activated from the National Guard or other armed forces unit or enlists or is
drafted for full-time service in the armed forces of the United States.
(5) Adjustments to
gross income.
(A)
Self-employment. One-half of the
self-employment and Medicare taxes shall be calculated as follows:
(i) Six
and two-tenths percent of self-employment income up to the maximum amount to
which federal old age, survivors, and disability insurance (OASDI) applies;
plus
(ii) One
and forty-five one-hundredths of a percent of self-employment income for
Medicare
and this amount shall be deducted from a
self-employed parent's monthly gross income.
(B)
Preexisting orders. An
adjustment to the parent's monthly gross income shall be made on the Child
Support Schedule B -- Adjusted Income for current preexisting orders for a
period of not less than 12 months immediately prior to the date of the hearing
or such period that an order has been in effect if less than 12 months prior to
the date of the hearing before the court to set, modify, or enforce child
support.
(i) In
calculating the adjustment for preexisting orders, the court shall include only
those preexisting orders meeting the criteria set forth in subparagraph
(a)(18)(B);
(ii) The
priority for preexisting orders shall be determined by the date and time of
filing with the clerk of court of the initial order in each case. Subsequent
modifications of the initial support order shall not affect the priority
position established by the date and time of the initial order. In any
modification proceeding, the court rendering the decision shall make a specific
finding of the date, and time if known, of the initial order of the case;
(iii) Adjustments
shall be allowed for current preexisting support only to the extent that the
payments are actually being paid as evidenced by documentation including, but
not limited to, payment history from a court clerk, the child support services'
computer data base, the child support payment history, or canceled checks or
other written proof of payments paid directly to the other parent. The maximum
credit allowed for a preexisting order is an average of the amount of current
support actually paid under the preexisting order over the past 12 months prior
to the hearing date;
(iv) All
preexisting orders shall be entered on the Child Support Schedule B -- Adjusted
Income for the purpose of calculating the total amount of the credit to be
included on the child support worksheet; and
(v) Payments
being made by a parent on any arrearages shall not be considered payments on
preexisting orders or subsequent orders and shall not be used as a basis for
reducing gross income.
(C)
Theoretical child support orders. In
addition to the adjustments to monthly gross income for self-employment taxes
provided in subparagraph (A) of this paragraph and for preexisting orders
provided in subparagraph (B) of this paragraph, credits for either parent's
other qualified child living in the parent's home for whom the parent owes a
legal duty of support may be considered by the court for the purpose of
reducing the parent's gross income. To consider a parent's other qualified
children for determining the theoretical child support order, a parent shall
present documentary evidence of the parent-child relationship to the court.
Adjustments to income pursuant to this subparagraph may be considered in such
circumstances in which the failure to consider a qualified child would cause
substantial hardship to the parent; provided, however, that such consideration
of an adjustment shall be based upon the best interest of the child for whom
child support is being awarded. If the court, in its discretion, decides to
apply the qualified child adjustment, the basic child support obligation of the
parent for the number of other qualified children living with such parent shall
be determined based upon that parent's monthly gross income. Except for self-employment
taxes paid, no other amounts shall be subtracted from the parent's monthly
gross income when calculating a theoretical child support order under this
subparagraph. The basic child support obligation for such parent shall be
multiplied by 75 percent and the resulting amount shall be subtracted from such
parent's monthly gross income and entered on the Child Support Schedule B --
Adjusted Income.
(D) Multiple
family situations. In multiple
family situations, the priority of adjustments to a parent's monthly gross
income shall be calculated in the following order:
(i) Preexisting
orders according to the date and time of the initial order as set forth in
subparagraph (B) of this paragraph; and
(ii) Application
of any credit for a parent's other qualified children using the procedure set
forth in subparagraph (C) of this paragraph.
(g) Parenting time deviation. The court or the jury may deviate from the
presumptive amount of child support as set forth in subparagraph (i)(2)(K) of
this Code section.
(h) Adjusted support obligation. The child support obligation table does not
include the cost of the parent's work related child care costs, health
insurance premiums, or uninsured health care expenses. The additional expenses
for the child's health insurance premiums and work related child care costs
shall be included in the calculations to determine child support. A nonparent
custodian's expenses for work related child care costs and health insurance
premiums shall be taken into account when establishing a final child support
order.
(1) Work related child
care costs.
(A) Work
related child care costs necessary for the parent's employment, education, or
vocational training that are determined by the court to be appropriate, and
that are appropriate to the parents' financial abilities and to the lifestyle
of the child if the parents and child were living together, shall be averaged
for a monthly amount and entered on the child support worksheet in the column
of the parent initially paying the expense. Work related child care costs of a
nonparent custodian shall be considered when determining the amount of this
expense.
(B) If
a child care subsidy is being provided pursuant to a means-tested public
assistance program, only the amount of the child care expense actually paid by
either parent or a nonparent custodian shall be included in the calculation.
(C) If
either parent is the provider of child care services to the child for whom
support is being determined, the value of those services shall not be an
adjustment to the basic child support obligation when calculating the support
award.
(D) If
child care is provided without charge to the parent, the value of these
services shall not be an adjustment to the basic child support obligation. If
child care is or will be provided by a person who is paid for his or her
services, proof of actual cost or payment shall be shown to the court before
the court includes such payment in its consideration.
(E) The
amount of work related child care costs shall be determined and added as an
adjustment to the basic child support obligation as "additional
expenses" whether paid directly by the parent or through a payroll
deduction.
(F)
(i) The total amount of work related child care costs shall be divided
between the parents pro rata to determine the presumptive amount of child
support and shall be included in the worksheet and the final child support
order.
(ii) In
situations in which work related child care costs may be variable, the court or
jury may, in its discretion, remove work related child care costs from the
calculation of support, and divide the work related child care costs pro rata,
to be paid within a time specified in the final child support order. If a
parent or nonparent custodian fails to comply with the final child support
order:
(I) The
other parent or nonparent custodian may enforce payment of the work related
child care costs by any means permitted by law; or
(II) Child
support services shall pursue enforcement when such unpaid costs have been
reduced to a judgment in a sum certain.
(2) Cost of health
insurance premiums.
(A)
(i) The amount that is, or will be, paid by a parent for health insurance
for the child for whom support is being determined shall be an adjustment to
the basic child support obligation and prorated between the parents based upon
their respective incomes. Payments made by a parent's employer for health
insurance and not deducted from the parent's wages shall not be included. When
a child for whom support is being determined is covered by a family policy,
only the health insurance premium actually attributable to that child shall be
added.
(ii) The
amount of the cost for the child's health insurance premium shall be determined
and added as an adjustment to the basic child support obligation as
"additional expenses" whether paid directly by the parent or through
a payroll deduction.
(iii) The
total amount of the cost for the child's health insurance premium shall be
divided between the parents pro rata to determine the total presumptive amount
of child support and shall be included in the Child Support Schedule D --
Additional Expenses and written order of the court together with the amount of
the basic child support obligation.
(B)
(i) If either parent has health insurance reasonably available at
reasonable cost that provides for the health care needs of the child, then an
amount to cover the cost of the premium shall be added as an adjustment to the
basic child support obligation. A health insurance premium paid by a nonparent
custodian shall be included when determining the amount of health insurance
expense. In determining the amount to be added to the order for the health
insurance cost, only the amount of the health insurance cost attributable to
the child who is the subject of the order shall be included.
(ii) If
coverage is applicable to other persons and the amount of the health insurance premium
attributable to the child who is the subject of the current action for support
is not verifiable, the total cost to the parent paying the premium shall be
prorated by the number of persons covered so that only the cost attributable to
the child who is the subject of the order under consideration is included. The
amount of health insurance premium shall be determined by dividing the total
amount of the insurance premium by the number of persons covered by the
insurance policy and multiplying the resulting amount by the number of children
covered by the insurance policy. The monthly cost of health insurance premium
shall be entered on the Child Support Schedule D -- Additional Expenses in the
column of the parent paying the premium.
(iii) Eligibility
for or enrollment of the child in Medicaid or PeachCare for Kids Program shall
not satisfy the requirement that the final child support order provide for the
child's health care needs. Health coverage through PeachCare for Kids Program
and Medicaid shall not prevent a court from ordering either or both parents to
obtain other health insurance.
(3) Uninsured health
care expenses.
(A) The
child's uninsured health care expenses shall be the financial responsibility of
both parents. The final child support order shall include provisions for
payment of the uninsured health care expenses; provided, however, that the
uninsured health care expenses shall not be used for the purpose of calculating
the amount of child support. The parents shall divide the uninsured health care
expenses pro rata, unless otherwise specifically ordered by the court.
(B) If
a parent fails to pay his or her pro rata share of the child's uninsured health
care expenses, as specified in the final child support order, within a
reasonable time after receipt of evidence documenting the uninsured portion of
the expense:
(i) The
other parent or the nonparent custodian may enforce payment of the expense by
any means permitted by law; or
(ii) Child
support services shall pursue enforcement of payment of such unpaid expenses
only if the unpaid expenses have been reduced to a judgment in a sum certain
amount.
(i) Grounds for deviation.
(1) General
principles.
(A) The
amount of child support established by this Code section and the presumptive
amount of child support are rebuttable and the court or the jury may deviate
from the presumptive amount of child support in compliance with this
subsection. In deviating from the presumptive amount of child support, primary
consideration shall be given to the best interest of the child for whom support
under this Code section is being determined. A nonparent custodian's expenses
may be the basis for a deviation.
(B) When
ordering a deviation from the presumptive amount of child support, the court or
the jury shall consider all available income of the parents and shall make
written findings or special interrogatory findings that an amount of child
support other than the amount calculated is reasonably necessary to provide for
the needs of the child for whom child support is being determined and the order
or special interrogatory shall state:
(i) The
reasons for the deviation from the presumptive amount of child support;
(ii) The
amount of child support that would have been required under this Code section
if the presumptive amount of child support had not been rebutted; and
(iii) How,
in its determination:
(I) Application
of the presumptive amount of child support would be unjust or inappropriate;
and
(II) The
best interest of the child for whom support is being determined will be served
by deviation from the presumptive amount of child support.
(C) No
deviation in the presumptive amount of child support shall be made which
seriously impairs the ability of the custodial parent to maintain minimally
adequate housing, food, and clothing for the child being supported by the order
and to provide other basic necessities, as determined by the court or the jury.
(D) If
the circumstances which supported the deviation cease to exist, the final child
support order may be modified as set forth in subsection (k) of this Code
section to eliminate the deviation.
(2) Specific
deviations.
(A)
High income. For purposes of
this subparagraph, parents are considered to be high-income parents if their
combined adjusted income exceeds $30,000.00 per month. For high-income parents,
the court shall set the basic child support obligation at the highest amount
allowed by the child support obligation table but the court or the jury may
consider upward deviation to attain an appropriate award of child support for
high-income parents which is consistent with the best interest of the
child.
(B)
Low income.
(i) If
the noncustodial parent can provide evidence sufficient to demonstrate no
earning capacity or that his or her pro rata share of the presumptive amount of
child support would create an extreme economic hardship for such parent, the
court may consider a low-income deviation.
(ii) A
noncustodial parent whose sole source of income is supplemental security income
received under Title XVI of the federal Social Security Act shall be considered
to have no earning capacity.
(iii) The
court or the jury shall examine all attributable and excluded sources of
income, assets, and benefits available to the noncustodial parent and may
consider all reasonable expenses of the noncustodial parent, ensuring that such
expenses are actually paid by the noncustodial parent and are clearly justified
expenses.
(iv) In
considering a request for a low-income deviation, the court or the jury shall
then weigh the income and all attributable and excluded sources of income,
assets, and benefits and all reasonable expenses of each parent, the relative
hardship that a reduction in the amount of child support paid to the custodial
parent would have on the custodial parent's household, the needs of each
parent, the needs of the child for whom child support is being determined, and
the ability of the noncustodial parent to pay child support.
(v) Following
a review of the noncustodial parent's gross income and expenses, and taking
into account each parent's basic child support obligation adjusted by health
insurance and work related child care costs and the relative hardships on the
parents and the child, the court or the jury, upon request by either party or
upon the court's initiative, may consider a downward deviation to attain an
appropriate award of child support which is consistent with the best interest
of the child.
(vi) For
the purpose of calculating a low-income deviation, the noncustodial parent's
minimum child support for one child shall be not less than $100.00 per month,
and such amount shall be increased by at least $50.00 for each additional child
for the same case for which child support is being ordered.
(vii) A
low-income deviation granted pursuant to this subparagraph shall apply only to
the current child support amount and shall not prohibit an additional amount
being ordered to reduce a noncustodial parent's arrears.
(viii) If
a low-income deviation is granted pursuant to this subparagraph, such deviation
shall not prohibit the court or jury from granting an increase or decrease to
the presumptive amount of child support by the use of any other specific or
nonspecific deviation.
(C)
Other health related insurance. If
the court or the jury finds that either parent has vision or dental insurance
available at a reasonable cost for the child, the court may deviate from the
presumptive amount of child support for the cost of such insurance.
(D)
Life insurance. In accordance
with Code Section 19-6-34, if the court or the jury finds that either parent
has purchased life insurance on the life of either parent or the lives of both
parents for the benefit of the child, the court may deviate from the
presumptive amount of child support for the cost of such insurance by either adding
or subtracting the amount of the premium.
(E)
Child and dependent care tax credit. If
the court or the jury finds that one of the parents is entitled to the Child
and Dependent Care Tax Credit, the court or the jury may deviate from the presumptive
amount of child support in consideration of such credit.
(F)
Travel expenses. If court
ordered visitation related travel expenses are substantial due to the distance
between the parents, the court may order the allocation of such costs or the
jury may by a finding in its special interrogatory allocate such costs by
deviation from the presumptive amount of child support, taking into
consideration the circumstances of the respective parents as well as which
parent moved and the reason for such move.
(G)
Alimony. Actual payments of
alimony shall not be considered as a deduction from gross income but may be
considered as a deviation from the presumptive amount of child support. If the
court or the jury considers the actual payment of alimony, the court shall make
a written finding of such consideration or the jury, in its special
interrogatory, shall make a written finding of such consideration as a basis
for deviation from the presumptive amount of child support.
(H)
Mortgage. If the noncustodial
parent is providing shelter, such as paying the mortgage of the home, or has
provided a home at no cost to the custodial parent in which the child resides,
the court or the jury may allocate such costs or an amount equivalent to such costs
by deviation from the presumptive amount of child support, taking into
consideration the circumstances of the respective parents and the best interest
of the child.
(I)
Permanency plan or foster care plan. In
cases where the child is in the legal custody of the Department of Human
Services, the child protection or foster care agency of another state or
territory, or any other child-caring entity, public or private, the court or
the jury may consider a deviation from the presumptive amount of child support
if the deviation will assist in accomplishing a permanency plan or foster care
plan for the child that has a goal of returning the child to the parent or
parents and the parent's need to establish an adequate household or to
otherwise adequately prepare herself or himself for the return of the child
clearly justifies a deviation for this purpose.
(J)
Extraordinary expenses. The
child support obligation table includes average child rearing expenditures for
families given the parents' combined adjusted income and number of children.
Extraordinary expenses are in excess of average amounts estimated in the child
support obligation table and are highly variable among families. Extraordinary
expenses shall be considered on a case-by-case basis in the calculation of
support and may form the basis for deviation from the presumptive amount of
child support so that the actual amount of the expense is considered in the
calculation of the final child support order for only those families actually incurring
the expense. Extraordinary expenses shall be prorated between the parents by
assigning or deducting credit for actual payments for extraordinary
expenses.
(i) Extraordinary
educational expenses. Extraordinary
educational expenses may be a basis for deviation from the presumptive amount
of child support. Extraordinary educational expenses include, but are not
limited to, tuition, room and board, lab fees, books, fees, and other
reasonable and necessary expenses associated with special needs education or
private elementary and secondary schooling that are appropriate to the parent's
financial abilities and to the lifestyle of the child if the parents and the
child were living together.
(I) In
determining the amount of deviation for extraordinary educational expenses,
scholarships, grants, stipends, and other cost-reducing programs received by or
on behalf of the child shall be considered; and
(II) If
a deviation is allowed for extraordinary educational expenses, a monthly
average of the extraordinary educational expenses shall be based on evidence of
prior or anticipated expenses and entered on the Child Support Schedule E --
Deviations.
(ii) Special
expenses incurred for child rearing. Special
expenses incurred for child rearing, including, but not limited to,
quantifiable expense variations related to the food, clothing, and hygiene
costs of children at different age levels, may be a basis for a deviation from
the presumptive amount of child support. Such expenses include, but are not
limited to, summer camp; music or art lessons; travel; school sponsored
extracurricular activities, such as band, clubs, and athletics; and other
activities intended to enhance the athletic, social, or cultural development of
a child but not otherwise required to be used in calculating the presumptive
amount of child support as are health insurance premiums and work related child
care costs. A portion of the basic child support obligation is intended to
cover average amounts of special expenses incurred in the rearing of a child.
In order to determine if a deviation for special expenses is warranted, the
court or the jury shall consider the full amount of the special expenses as
described in this division; and when these special expenses exceed 7 percent of
the basic child support obligation, then the additional amount of special
expenses shall be considered as a deviation to cover the full amount of the
special expenses.
(iii) Extraordinary
medical expenses. In instances
of extreme economic hardship involving extraordinary medical expenses not
covered by insurance, the court or the jury may consider a deviation from the
presumptive amount of child support for extraordinary medical expenses. Such
expenses may include, but are not limited to, extraordinary medical expenses of
the child or a parent of the child; provided, however, that any such deviation:
(I) Shall
not act to leave a child unsupported; and
(II) May
be ordered for a specific period of time measured in months.
When extraordinary medical expenses are claimed,
the court or the jury shall consider the resources available for meeting such
needs, including sources available from agencies and other adults.
(K) Parenting
time.
(i) The
child support obligation table is based upon expenditures for a child in intact
households. The court may order or the jury may find by special interrogatory a
deviation from the presumptive amount of child support when special
circumstances make the presumptive amount of child support excessive or
inadequate due to extended parenting time as set forth in the order of
visitation, the child residing with both parents equally, or visitation rights
not being utilized.
(ii) If
the court or the jury determines that a parenting time deviation is applicable,
then such deviation shall be included with all other deviations.
(iii) In
accordance with subsection (d) of Code Section 19-11-8, if any action or claim
for parenting time or a parenting time deviation is brought under this
subparagraph, it shall be an action or claim solely between the custodial
parent and the noncustodial parent, and not any third parties, including child
support services.
(3) Nonspecific
deviations. Deviations from the
presumptive amount of child support may be appropriate for reasons in addition
to those established under this subsection when the court or the jury finds it
is in the best interest of the child.
(j) Involuntary loss of income.
(1) In the event a parent
suffers an involuntary termination of employment, has an extended involuntary
loss of average weekly hours, is involved in an organized strike, incurs a loss
of health, or similar involuntary adversity resulting in a loss of income of 25
percent or more, then the portion of child support attributable to lost income
shall not accrue from the date of the service of the petition for modification,
provided that service is made on the other parent. It shall not be considered
an involuntary termination of employment if the parent has left the employer
without good cause in connection with the parent's most recent work.
(2) In the event a
modification action is filed pursuant to this subsection, the court shall make
every effort to expedite hearing such action.
(3) The court may, at its
discretion, phase in the new child support award over a period of up to one
year with the phasing in being largely evenly distributed with at least an
initial immediate adjustment of not less than 25 percent of the difference and
at least one intermediate adjustment prior to the final adjustment at the end
of the phase-in period.
(k) Modification.
(1) Except as provided in
paragraph (2) of this subsection, a parent shall not have the right to petition
for modification of the child support award regardless of the length of time
since the establishment of the child support award unless there is a
substantial change in either parent's income and financial status or the needs
of the child.
(2) No petition to modify
child support may be filed by either parent within a period of two years from
the date of the final order on a previous petition to modify by the same parent
except where:
(A) A
noncustodial parent has failed to exercise the court ordered visitation;
(B) A
noncustodial parent has exercised a greater amount of visitation than was
provided in the court order; or
(C) The
motion to modify is based upon an involuntary loss of income as set forth in
subsection (j) of this Code section.
(3) (A) If there is a
difference of at least 15 percent but less than 30 percent between a new award
and a Georgia child support order entered prior to January 1, 2007, the court
may, at its discretion, phase in the new child support award over a period of
up to one year with the phasing in being largely evenly distributed with at
least an initial immediate adjustment of not less than 25 percent of the
difference and at least one intermediate adjustment prior to the final
adjustment at the end of the phase-in period.
(B) If
there is a difference of 30 percent or more between a new award and a Georgia
child support order entered prior to January 1, 2007, the court may, at its
discretion, phase in the new child support award over a period of up to two
years with the phasing in being largely evenly distributed with at least an
initial immediate adjustment of not less than 25 percent of the difference and
at least one intermediate adjustment prior to the final adjustment at the end
of the phase-in period.
(C) All
child support service's case reviews and modifications shall proceed and be
governed by Code Section 19-11-12. Subsequent changes to the child support
obligation table shall be a reason to request a review for modification from child
support services to the extent that such changes are consistent with the
requirements of Code Section 19-11-12.
(4) A petition for
modification shall be filed under the same rules of procedure applicable to
divorce proceedings. The court may allow, upon motion, the temporary
modification of a child support order pending the final trial on the petition.
An order granting temporary modification shall be subject to revision by the
court at any time before the final trial. A jury may be demanded on a petition
for modification but the jury shall only be responsible for determining a
parent's gross income and any deviations. In the hearing upon a petition for
modification, testimony may be given and evidence introduced relative to the
change of circumstances, income and financial status of either parent, or in
the needs of the child. After hearing both parties and the evidence, the court
may modify and revise the previous judgment, in accordance with the changed
circumstances, income and financial status of either parent, or in the needs of
the child, if such change or changes are satisfactorily proven so as to warrant
the modification and revision and such modification and revisions are in the
child's best interest. The court shall enter a written order specifying the
basis for the modification, if any, and shall include all of the information
set forth in paragraph (2) of subsection (c) of this Code section.
(5) In proceedings for
the modification of a child support award pursuant to the provisions of this
Code section, the court may award attorney's fees, costs, and expenses of
litigation to the prevailing party as the interests of justice may require.
Where a custodial parent prevails in an upward modification of child support
based upon the noncustodial parent's failure to be available and willing to
exercise court ordered visitation, reasonable and necessary attorney's fees and
expenses of litigation shall be awarded to the custodial parent.
(l) Split parenting. In cases of split parenting, a worksheet shall
be prepared separately by each custodial parent for each child for whom such
parent is the custodial parent, and that worksheet shall be filed with the
clerk of court. For each split parenting custodial situation, the court shall
determine:
(1) Which parent is the
obligor;
(2) The presumptive
amount of child support;
(3) The actual award of
child support, if different from the presumptive amount of child support;
(4) How and when the sum
certain amount of child support owed shall be paid; and
(5) Any other child
support responsibilities for each parent.
(m) Worksheets.
(1) Schedules and
worksheets shall be prepared by the parties for purposes of calculating the
amount of child support. In child support services cases in which neither
parent prepared a worksheet, the court may rely on the worksheet prepared by
child support services as a basis for its order. Information from the schedules
shall be entered on the child support worksheet. The child support worksheets
and any schedule that was prepared for the purpose of calculating the amount of
child support shall be attached to the final court order or judgment; provided,
however, that any order entered pursuant to Code Section 19-13-4 shall not be
required to have such worksheets and schedules attached thereto.
(2) The child support
worksheet and schedules shall be promulgated by the Georgia Child Support
Commission.
(n) Child support obligation table. The child support obligation table shall be
proposed by the Georgia Child Support Commission and shall be as codified in
subsection (o) of this Code section.
(o) Georgia Schedule of Basic Child
Support Obligations.