Child Support in Georgia: How It's Calculated and When It Can Be Modified

Child Support in Georgia: How It's Calculated and When It Can Be Modified

Child support is one of the most important financial obligations that arises when parents separate or divorce. In Georgia, both parents have a legal duty to provide financial support for their children, and the state uses a specific formula to ensure that children receive the resources they need. Understanding how child support is calculated, what factors can increase or decrease the amount, and when you can seek a modification is essential for any parent involved in a family law case.

At J. Lee & Associates Law Group, our bilingual Atlanta family law attorneys help parents throughout the metro Atlanta area navigate child support matters with precision and care. Whether you are seeking to establish a child support order, enforce an existing one, or petition the court for a modification, this guide will give you a thorough understanding of Georgia's child support laws.

Georgia's Income Shares Model

Georgia uses the Income Shares Model to calculate child support, as established under O.C.G.A. § 19-6-15. This model is based on the principle that a child should receive the same proportion of parental income that they would have received if the parents were living together.

The Income Shares Model works by combining both parents' gross incomes to determine the total combined income available to support the child. The model then uses a Basic Child Support Obligation Table, published by the Georgia Commission on Child Support, to determine the presumptive amount of child support based on the combined income and the number of children.

Each parent's share of the total obligation is proportional to their share of the combined income. For example, if Parent A earns 60 percent of the combined income and Parent B earns 40 percent, Parent A would be responsible for 60 percent of the basic child support obligation.

What Counts as Gross Income

Under O.C.G.A. § 19-6-15(f)(1), gross income for child support purposes includes all income from any source, including but not limited to:

• Salary, wages, commissions, and bonuses
• Self-employment income
• Social Security benefits, disability payments, and workers' compensation
• Unemployment benefits
• Retirement and pension income
• Rental income and investment returns
• Alimony received from a previous relationship
• Trust income and capital gains

If a parent is voluntarily unemployed or underemployed, the court may impute income to that parent based on their earning capacity, work history, education, and job opportunities in the area. Georgia courts take a dim view of parents who deliberately reduce their income to avoid child support obligations.

Adjustments to the Basic Child Support Obligation

After determining the basic child support obligation, Georgia law allows for several adjustments that can increase or decrease the final amount. These adjustments under O.C.G.A. § 19-6-15(h) include:

Standard Adjustments

• Health insurance premiums: The cost of providing health insurance for the child is added to the basic obligation and divided proportionally between the parents
• Work-related childcare costs: Daycare and after-school care expenses necessary for the custodial parent to work or attend school are added to the obligation
• Uninsured medical expenses: Extraordinary medical expenses not covered by insurance are allocated between the parents

Deviation Factors

Under O.C.G.A. § 19-6-15(i), the court may deviate from the presumptive child support amount based on specific factors, including:

• High or low income of either parent
• Other child support obligations for children from other relationships
• A child's extraordinary educational, medical, or special needs expenses
• The parenting time arrangement, particularly if the noncustodial parent exercises significant parenting time
• Travel expenses for visitation
• The income of a parent's new spouse or partner, in certain limited circumstances
• In-kind contributions by a parent, such as providing housing or a vehicle
• The overall best interest of the child

Any deviation from the presumptive amount must be supported by written findings explaining why the deviation serves the best interest of the child. The court must document its reasoning on the Child Support Worksheet and the accompanying Schedule E for deviations.

The Child Support Worksheet

Georgia requires the completion of a Child Support Worksheet in every case involving child support. This worksheet is a detailed financial calculation form that walks through each step of the Income Shares Model. It includes:

• Schedule A: Gross income of each parent
• Schedule B: Adjusted income (accounting for preexisting child support and self-employment taxes)
• Schedule D: Additional expenses (health insurance, childcare, uninsured medical)
• Schedule E: Deviations from the presumptive amount

The worksheet produces a final child support amount that the court uses as the presumptive obligation. Judges in Fulton County Superior Court, DeKalb County, and other Atlanta-area courts rely heavily on this worksheet, and errors in its preparation can result in an incorrect child support order.

When Child Support Can Be Modified

Child support orders are not permanent. Under O.C.G.A. § 19-6-15(k), either parent may petition the court to modify an existing child support order if there has been a material change in the income or financial status of either parent, or a change in the needs of the child. Georgia law establishes a specific threshold: a modification is warranted if the recalculated amount differs from the existing order by at least 15 percent or a specific dollar amount, whichever is less.

Common reasons for seeking a child support modification include:

• Job loss or significant reduction in income
• A substantial increase in the paying parent's income
• Changes in the child's medical or educational needs
• Changes in the custody or parenting time arrangement
• The paying parent's incarceration
• A new child support obligation for another child

Modifications take effect from the date the petition is filed, not retroactively. This makes it critical to file for modification as soon as the material change occurs rather than waiting and accumulating arrears.

Enforcement of Child Support Orders

When a parent fails to pay court-ordered child support, Georgia law provides several powerful enforcement mechanisms under O.C.G.A. § 19-6-28 and related statutes:

• Income deduction orders: The most common method, where child support is automatically deducted from the paying parent's wages
• Contempt of court: A parent who willfully fails to pay child support can be held in contempt, which can result in fines and even jail time
• License suspension: Georgia can suspend the delinquent parent's driver's license, professional licenses, and recreational licenses
• Tax refund interception: Federal and state tax refunds can be intercepted to pay child support arrears
• Liens on property: The state can place liens on the delinquent parent's real and personal property
• Credit reporting: Unpaid child support can be reported to credit bureaus

The Georgia Department of Human Services, Division of Child Support Services (DCSS), assists with enforcement statewide. However, having a private attorney pursue enforcement through the Superior Court can often produce faster and more effective results.

How Long Does Child Support Last in Georgia?

Under Georgia law, child support typically continues until the child reaches the age of 18, or 20 if the child is still enrolled in secondary school (high school) and has not yet graduated. Child support may also terminate if the child marries, joins the military, becomes emancipated, or dies.

If the child has a disability that prevents them from becoming self-supporting, the court may order child support to continue beyond the age of majority.

Protect Your Family's Financial Future with J. Lee & Associates

Child support matters directly affect your child's quality of life and your family's financial stability. Whether you are establishing a new child support order, seeking a modification due to changed circumstances, or trying to enforce an existing order against a non-paying parent, you need an attorney who understands the complexities of Georgia's Income Shares Model and knows how to advocate effectively on your behalf.

At J. Lee & Associates Law Group, our bilingual family law team provides expert representation to parents throughout the greater Atlanta area, including Fulton County, DeKalb County, Gwinnett County, Cobb County, and Clayton County. We handle every aspect of child support cases with the diligence and attention to detail your family deserves.

Contact J. Lee & Associates Law Group today for a confidential consultation. Our experienced Atlanta family law attorneys will review your financial situation, calculate your child support obligation or entitlement, and help you secure the best possible outcome for your family.

Related Practice Areas: Family Law | Family Attorney | Immigration

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