Non-Mandatory Deviations to Child Support in Alpharetta
Georgia’s child support guidelines provide a suggested payment amount based on your and your co-parent’s combined income and the number of children requiring support. The law requires adjustments to the guideline amount to provide for your children’s health insurance and necessary childcare.
You can request non-mandatory deviations to child support in Alpharetta. The family court will consider your request but is not required to grant it. A trusted child support attorney can provide details on discretionary adjustments and help you prepare your request for a non-mandatory deviation.
Process for Obtaining a Child Support Order
When parents divorce or unmarried parents live apart, they must file a parenting plan with the judge, who will determine custody. This plan must include a proposal for child support. Children have the right to the financial support of both parents, and parents cannot waive their right to child support, even if they do not need the money.
Parents must complete the Georgia child support worksheet and submit it to the judge for approval. The worksheet contains mandatory adjustments for childcare and the children’s health insurance. However, every family’s situation is different; sometimes, the worksheet does not produce a fair result.
When one or both parents seek a discretionary adjustment to the worksheet amount, they must request this adjustment from the judge. When the requesting parent has adequate documentation of the need for the adjustment and allowing the adjustment would serve the children’s best interests, family courts can grant non-mandatory deviations. An Alpharetta family law attorney can help a parent formulate a request for a non-mandatory deviation to their current child support order.
Adjustments Based on Income
When parents have an unusually high or low income, or when a parent provides a home for the custodial parent and children, the guideline amount with mandatory adjustments may not produce a fair result. Parents seeking a deviation to child support based on income must have substantial documentation to support their request. A family law firm in Alpharetta can help a parent compile and organize the required documents for a non-mandatory deviation to child support.
High-Income Deviation
When the combined income of the parents exceeds $40,000 per month, the Official Code of Georgia §19-6-15 allows the court to use the guideline amount as a starting point and adjust upward. The law aims to ensure children do not suffer a reduced lifestyle after their parents divorce or separate. Accordingly, a judge might award additional support to cover private school tuition, extracurricular activities, club memberships, travel, camps, and similar expenses that the parents incurred while they were together.
Low-Income Deviation
When the paying parent has an unusually low income, the guideline amount may cause financial hardship. The parent requesting the deviation must prove their income and expenses to show that the guideline amount is beyond their means. A judge will consider the request and may grant it if there are assurances that the new amount will still meet the children’s basic needs; starting on January 1, 2026, the low-income adjustment will become mandatory.
Mortgage Deviation
In some cases, one parent owns a home and allows their co-parent to live there with the children. Doing so is a substantial additional expense for the non-custodial parent. That parent can ask the family court for a mortgage adjustment (or mortgage deviation) to adjust their child support obligation to reflect the cost of providing the home.
Other Common Discretionary Adjustments
Parents can request several other adjustments to accommodate their circumstances. Two common adjustments are deviations for parenting time and for a child’s special needs.
The guidelines reflect the assumption that one parent cares for the children most of the time and that the non-custodial parent has the children for short visits. This is an outdated presumption, as many parents split time equally or nearly equally. Family courts will grant a child support deviation to reflect that both parents provide homes for the children, and parenting time will become a mandatory deviation in 2026.
Child support guidelines do not take into account that children may have special educational or healthcare needs. When one or more of a couple’s children have physical or developmental disabilities, mental health challenges, or special educational needs, the parents must share the cost of any extra services the children require. Alpharetta parents can request a non-mandatory deviation from the child support guideline amount to ensure their children receive appropriate services and care.
Get Help From an Alpharetta Attorney When Requesting Discretionary Adjustments to Child Support
Child support payments greatly impact your and your co-parent’s financial positions and your children’s well-being. Determining appropriate child support requires applying the guidelines and making any necessary adjustments.
Talk to a member of our family law team about non-mandatory deviations to child support in Alpharetta. We can help you identify possible deviations and present a strong case to the family court. Reach out today to speak with a member of our team.
