As a Decatur child support attorney, I understand that navigating child support issues can be tough, confusing, and emotional. As a parent, your child's well-being is the most important thing to you. Child support is a key part of making sure your child gets what they need.
As a child support lawyer, I understand how difficult it can be to create a fair child support arrangement. I pride myself on assisting parents during these difficult times. I can help parents file the appropriate paperwork and fight for a fair support order. I can also make a strong case to the court for changes if you think the current arrangement does not meet the needs of the child or fit your financial situation.
Child support is usually paid by the parent who does not have primary custody of the child, also known as the "noncustodial parent." That being said, even if one parent has the child more often, they are still responsible for meeting those needs. The parent who has custody is expected to take care of the child by paying for things like housing, food, and clothes.
How child support is calculated can change based on the couple's situation. For instance, if both parents spend the same amount of time with their kids, the parent who makes more money usually has to pay child support, but this isn't always the case. In the same way, child support will be determined based on both parents' income and the number of children living in each home, even if one parent has custody of some children and the other parent has custody of others.
Determining child support in Georgia can be hard, but knowing how it works is important for everyone. The state figures out how much child support each parent should pay by looking at how much money each parent makes. The adjusted gross income (AGI) of each person is the first thing that is calculated. AGI covers many different types of income, like wages, income from self-employment, rental income, and even Social Security benefits.
In addition to income, costs like health insurance premiums for the child and child care tied to work are added to the total amount of child support. These costs are split between the parents based on how much money they make at their place of employment. The parent who pays for these costs directly might get a credit that lowers their child support payment.
Medical bills that aren't covered by insurance aren't counted when figuring out basic child support. Regardless, Georgia law says that these costs should be split between the parents unless a judge says something different.
In Georgia, parents who don't have custody but spend a lot of time with their kids might be able to have their child support payments lowered. Georgia's basic child support rules don't automatically take into account the extra costs noncustodial parents have when during parenting time. However, parents can ask for a change to the normal calculation to include these costs.
Sometimes, parents will try to lower their child support payment by leaving their jobs, working less, or hiding their income, such as by getting paid only in case of side jobs. In this case, Georgia judges can "impute" income, which means they can give the parent a certain amount of money based on how much they could actually make. Therefore, child support is determined fairly, even if one parent doesn't report all of their income or is voluntarily unemployed or underemployed.
It’s likely that the amount determined by Georgia's child support guidelines will be included in your support order, but courts know that each family's case is different. In some situations, either parent can ask for a change in the standard child support amount. Changes to the guidelines are only allowed when the typical amount would be unfair or wrong and when they are in the child's best interest.
There may be exceptions to the child support rules if, for example, one parent has to travel a lot for parenting time, if there are very high medical or school costs, or if one parent makes much more money than what the guidelines outline.
Life can change; when it does, a child support order might need to be modified to represent those changes. If either parent's finances change significantly, like losing their job, getting a big raise, or acquiring new financial burdens like having another child, they can ask for the child support order to be changed.
Changes are not made automatically in Georgia. You must file a petition to ask the court to make the change. The court will then decide if the change in circumstances is big enough to warrant changing the child support amounts.
The original child support order will still apply until the court approves the change. If payments are not made on time, measures can be taken to enforce the agreement. Because of this, it's important to deal with changes that affect your ability to pay as soon as possible.
Unfortunately, some parents don't pay their child support, which makes things hard for the parent who has custody of the child. The law provides ways to ensure you get the child support payments you are owed if you are not receiving them.
Parents who don't pay support may be subject to having their wages seized, their tax refunds taken away, property liens put on their homes, or even their licenses taken away. In certain serious cases, they could be found guilty of contempt of court and sent to jail.
At The Law Firm of William A. Walsh, I know how hard it is when child support issues arise. I'm here to help you fight for a fair arrangement that fits your family’s needs. Contact my office today to get started.
