O.C.G.A.
§ 19-6-15
Highlighting added by Commission Staff for ease of use
Current through the 2018 Regular
Session of the General Assembly
§ 19-6-15. Child support; guidelines for determining amount of
award; continuation of duty of 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 amount" 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 amount. 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 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. When,
within two years of a final order being entered, there is a likelihood that a
child will become ineligible to receive support, the court may allow for the
use of separate worksheets. Separate worksheets shall show the final child
support amount to be paid for all such children and the adjusted amount of
support to be paid as each child becomes ineligible to receive support during
such two-year period. Such worksheets shall be attached to the final order.
Such order shall contain findings as required by law. A final order entered
pursuant to this paragraph shall not preclude a petition for modification.
(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. A court's final determination of child support
shall take into account the obligor's earnings, income, and other evidence of
the obligor's ability to pay. The court shall also consider the basic
subsistence needs of the parents and the child for whom support is to be
provided.
(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 amount 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 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 amount 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 amount 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 may be imputed.
When imputing income, the court shall take into account the specific
circumstances of the parent to the extent known, including such factors as the
parent's assets, residence, employment and earnings history, job skills,
educational attainment, literacy, age, health, criminal record and other
employment barriers, and record of seeking work, as well as the local job
market, the availability of employers willing to hire the parent, prevailing
earnings level in the local community, and other relevant background factors in
the case. If a parent is incarcerated, the court shall not assume an ability
for earning capacity based upon pre-incarceration wages or other employment
related income, but income may be imputed based upon the actual income and
assets available to such incarcerated parent.
(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 impute income
as set forth in subparagraph (A) of this paragraph, or 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 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. A
determination of willful or voluntary unemployment or underemployment shall not
be made when an individual's incarceration prevents employment. 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 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 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 order. If a parent or nonparent custodian fails to comply with the
final 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, the PeachCare for Kids Program, or other public health care
program shall satisfy the requirement that the final order provide for the
child's health care needs. Health coverage through Medicaid, the PeachCare for
Kids Program, or other public health care program shall not prevent a court
from also ordering either or both parents to obtain other health insurance for
the child.
(3) Uninsured health care expenses.
(A) The child's uninsured health care expenses
shall be the financial responsibility of both parents. The final order shall
include provisions for payment of uninsured health care expenses; provided,
however, that uninsured health care expenses shall not be used for the purpose
of calculating the amount of child support. The parents shall divide 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
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, 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 as well as a
noncustodial parent's ability or inability to pay the presumptive amount of
child support.
(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 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 the noncustodial parent's
basic subsistence needs and all of his or her reasonable expenses, 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 such expense is considered in the final 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, becomes
incarcerated, 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. Georgia Schedule of Basic Child Support
Obligations
History
Ga. L. 1870, p. 413, § 2; Code 1873, § 1742; Code 1882, § 1742; Civil Code 1895,
§ 2462; Civil Code 1910, § 2981;
Code 1933, § 30-207; Ga. L. 1979, p.
466, § 12; Ga. L. 1989, p. 861, § 1;
Ga. L. 1991, p. 94, § 19; Ga. L. 1992, p. 1833, § 1; Ga. L. 1994, p. 1728, § 1; Ga. L. 1995, p. 603, § 2; Ga. L. 1996, p. 453, § 6; Ga. L. 2005, p. 224, § 5/HB 221; Ga. L.
2006, p. 72, § 19/SB 465; Ga.
L. 2006, p. 583, § 4/SB 382;
Ga. L. 2007, p. 47, § 19/SB 103;
Ga. L. 2008, p. 272, §§ 1-9/SB
483; Ga. L. 2009, p. 96, §§ 1-6/HB
145; Ga. L. 2009, p. 453, § 2-2/HB
228; Ga. L. 2010, p. 878, § 19/HB
1387; Ga. L. 2011, p. 550, § 1/SB
115; Ga. L. 2014, p. 457, §§
1-8/SB 282; Ga. L. 2017, p.
646, §§ 1-3 -- 1-8, 3-1/SB 137; Ga. L. 2018, p. 937, §§ 1-1, 1-1A -- 1-1C, 1-2 -- 1-4, 1-4A, 1-5/SB 427.
OFFICIAL CODE OF GEORGIA
ANNOTATED
Copyright 2018 by The State of
Georgia All rights reserved.