How Does a Judge Decide Child Support Payments?

Judges do not take the labyrinthine process of deciding child support payments in Georgia lightly because a child’s future and welfare are at stake. Different states have different laws and guidelines for calculating child support payments. Understanding how these apply to your case is vital to ensure that your child’s best interests are protected and that you and the other parent are treated fairly.

How Child Support Amounts Are Calculated in Georgia

In Georgia, judges utilize the income shares model for calculating child support payments. They will also prioritize the child’s best interests. Essentially, they must determine both parents’ incomes and add them together. Next, they will turn to a table to figure out the amount of income that should be spent on the child’s needs per month. While both parents are responsible for a specific portion of that amount, the specific amount each parent will be responsible for will depend on what portion of the combined income that parent earns.

For example, if parent A makes more money than parent B, the judge will expect parent A's portion to be higher. If both parents have equal incomes, the judge will expect them to provide the same amount. Do note though that noncustodial parents will be ordered to pay child support payments to physical custodians or custodial parents.

Judges Have The Power to Deviate From Georgia’s Child Support Guidelines

In certain situations, judges are allowed to deviate from the child support amount calculated based on the guidelines. For instance, if the amount does not accurately show the ability of a parent to pay support, the judge may order the parent to pay an adjusted amount. The following are the most common circumstances that require a deviation from the state’s support guidelines:

• One of the parents has a significantly lower income. When the gross income of a noncustodial parent is minimum wage or lower, the judge will consider their ability to financially support themselves.
• Judges typically deviate from the calculated support amount when the combined adjusted earnings of both parents are high.
• The cost of raising a child with special needs, extraordinary medical expenses, or extraordinary educational expenses can substantially raise the support amount.
• Mortgage payments. Judges will consider the costs of giving the child a proper home.
• If the travel expenses related to visitation or parenting time are significant, the judge will also consider this.
• Parenting Time- if the parents share joint physical custody or have an alternative arrangement where the non-custodial parent has significantly more parenting time than every other weekend, the judge may also consider a deviation in that circumstance.

Extra expenses that raise the cost of rearing the child will be prorated between the parents.

Get Legal Assistance From Our Experienced Georgia Child Support Lawyers Today

In Georgia, judges take into account a myriad of factors, including the specific needs of the child, both parents’ incomes, and pre-existing support orders, among many others, when deciding how much child support is fair and in the child’s best interests. If you need help with or more information about child support guidelines in Georgia, you can turn to our dedicated Georgia child support lawyers for advice. Dial 770-887-1209 or contact us online to schedule your case review with our Georgia child support lawyers.