Athens GA Divorce Lawyer and Family Attorney

Child Support in GA

Athens Georgia Child Support Lawyer

If you need assistance in a child support case in the Athens GA area, then call an Athens Georgia Divorce Lawyer at (706) 549-6689

How is child support determined and who has to pay it?

Normally, the parent who doesn’t have custody will pay child support to the parent that does. Either parent could be required to pay child support, and the custodial parent is expected to contribute to the expense of raising the child or children.

Georgia does have legal guidelines in regards to child support. In general, the law requires that child support be paid until the child reaches the age of 18 or graduates from high school. If a child dies, gets married, joins the military, or the parent’s rights are terminated, the child support will end. The non-custodial parent is normally required to pay for the support of the child that could include money for health insurance, health care, school tuition, school uniforms and books, and other miscellaneous expenses.

The guidelines for child support include how much child support should be paid and is reasonable. The guidelines take into account the age of the child, medical costs, school tuition, and how much the parents earn. The court will also look at whether one parent has another household to support, or another family to maintain. The court will also look at whether the parents owe child support from a previous relationship, or has a high debt load.

You and your spouse will be required to file a Financial Affidavit with the court. These calculations can be complicated and change rapidly as laws are updated and appellate courts hear cases. Your attorney can assist you in determining the right amount of child support based upon the current law and your personal circumstances.

The court will also take into consideration how much money each parent is capable of earning and what other expenses they have. The judge may also look at how much money a new spouse earns if one of the parents has remarried.

If the parents can agree on child support, this could avoid an expensive litigation process. Child support can be put into the Settlement Agreement or final divorce decree. The judge could determine that the child support payments are not sufficient and throw it out.

Normally, child support payments are made monthly although separate payments may be necessary to pay for school tuition or other expenses. The payments are generally required to be made by the non-custodial parent to the custodial parent. When the custodial parent gets the payment, it should be used to provide food, clothing, and shelter for the child or children.

If you are facing a child support case in the Athens-Clarke County area, then call the Athens Georgia law offices of Davidson & Affiliates at (706) 549-6689.

Are there standard guidelines for child support in Georgia?

In Georgia, the law requires that the court award child support based upon a certain percentage of that parent’s gross income, minus any other child support that parent may be paying. The law has set ranges for child support based upon how many children there are.

The ranges are:

Between 17 and 23 percent of the gross income for one child;
Between 23 and 28 percent of the gross income for two children;
Between 25 and 32 percent of the gross income for three children;
Between 29 and 35 percent of the gross income for four children; and
Between 31 and 27 percent for five or more children.

The judge has the option to deviate from these guidelines but if child support is ordered below the guidelines, the judge has to put in writing in the form of an order, why so little child support was ordered. These guidelines not only apply to divorces, but to paternity as well.

What happens if there is an unexpected expense?

In most cases, the child support order will have specific language that addresses this issue. For example, if unexpected medical expenses are incurred for the child. If an unexpected expense comes up that is not provided for in the child support order, the parents can come to an agreement on how to pay for it, or go to court and let the judge decide. Any agreements should be put down in writing and signed by both parents to avoid future problems.

Do I still have to pay child support when the child is visiting me?

The court will generally lower the amount of child support you have to pay when the child is visiting you, especially if the child is going to be with you for an extended visit.

What happens if our child needs special care?

When the court determines child support payments, it will take the child’s health into consideration. If you have a sick child that requires care that is more expensive than a healthy child would require, the court will take that into account.

Can my child support order be changed?

If you are paying child support and your situation changes, such as you lose your job and may not be able to pay the full amount of child support until you gain new employment, the judge may alter the child support payments temporarily.  Also, if you child was attending private school but now is attending a public school, the judge may reduce your child support because you are no longer paying tuition for that child.

If you and your spouse both agree to the change in child support, that agreement should be put in writing and signed by both parents. That way there is no misunderstanding in the future.

Can the court force me to pay for my child’s college education?

While paying for college or providing money for your child’s college education could be made part of the divorce agreement, the court can’t force either parent to pay college expenses.

Can the court order me to pay for health or life insurance on my child?

Yes. Generally the court will order one of the parents to provide insurance for the child to guarantee the child will be properly taken care of. The judge may also order one or both parents to pay for life insurance for themselves, with the child as the named beneficiary.

Can my spouse’s employer pay me a portion of their paycheck that is supposed to pay my child support?

The law in Georgia allows the judge to order that a portion of your spouse’s paycheck be paid to you in order to force your spouse to pay the child support.

If you are facing a child support case in the Athens GA area, then call the Athens child support lawyers at Davidson & Affiliates. (706) 549-6689 or fill out the feedback form on this page.