A mother and father are each legally obligated to support their children financially, and this is true regardless of whether they were never married or are getting a divorce. In a divorce case with minor children or a child custody case involving unmarried parents, the court will follow the Georgia Child Support Guidelines to create an enforceable court order that requires one parent to pay a monthly amount of child support to the other parent. A lot of information goes into the formula for calculating child support, and Kresky Law can help ensure that both parents are reporting that information fully and accurately. Our depth of courtroom litigation experience can also prove vital in the event either party is requesting a deviation from the guidelines amount that is contested by the other party.
How Child Support Is Calculated in Georgia
The Child Support Guidelines incorporate a formula set out in Georgia law that combines the incomes of both parents and factors in the number of children to be supported, while also accounting for the costs of health insurance for the kids, any special needs or extraordinary medical expenses they may have, and other issues.
The child support guidelines for determining the amount of child support found in Georgia law are incredibly complicated and detailed and run on for pages. Well over two dozen factors are listed to determine what is included in a parent’s income, and this list is not even all-inclusive. Kresky Law is highly experienced in dealing with clients who have complicated financial structures or whose spouses do. We can help ensure all income sources are being accurately reported, including self-employment income, fringe benefits, variable income, pensions and retirement income, interest income, dividend income, trust income, capital gains and more.
The amount arrived at after completing all the calculations in the guidelines formula is presumed to be correct, but Georgia courts have the discretion to deviate from the guidelines and order more or less than the guidelines amount if persuaded that a deviation would be in the best interests of the children. Some of the reasons a court might deviation from the guidelines include:
- High income (a combined income over $30,000 a month)
- Low income ($1,850 monthly or less for the non-custodial parent)
- Costs of other health-related insurance or life insurance
- Alimony payments
- Mortgage payments
- Extraordinary expenses
- The parenting time arrangement
Kresky Law represents clients who are seeking or opposing a deviation from the guidelines by gathering the relevant facts and presenting a strong, persuasive case to the judge as to why a deviation should or should not be made. We are also skilled in working with clients and opposing parties outside of court to reach an agreement on how much child support should be paid. So long as the court finds the agreement to be in the child’s best interests, the judge can approve an agreement reached by the parents and convert it to an enforceable court order in the final judgment of divorce.
Contact Kresky Law for Help With Child Support in Your Atlanta Divorce
To protect your rights and make sure you and your children are treated fairly when it comes to child support payments in a Georgia divorce or child custody dispute, call Kresky Law in the Buckhead district of Atlanta at 404-869-5290 to schedule a consultation and discuss your needs and goals.