Non-Mandatory Deviations to Child Support in Atlanta, GA
Georgia, like most states, calculates child support according to a formula. This provides predictability to parents and helps ensure that all children receive a minimum amount of support appropriate to their parents’ income level.
However, even families with similar incomes have different circumstances and needs. Parents can ask the court to make a non-mandatory deviation to child support in Atlanta, GA. Family courts will grant these deviations when the parent proves their request is necessary and fair and the deviation serves the children’s best interests.
Judges Have the Discretion to Grant Deviations
Parents living separately must file a Child Support Worksheet with the family court judge presiding over their case. The worksheet considers each parent’s income and the number of children they are supporting and makes mandatory adjustments for work-related childcare and health insurance premiums for the children.
Plugging in the numbers results in a presumptive amount of child support the non-custodial parent must pay to the custodial parent. When one or both parents believe their circumstances merit a different amount, they may petition the court to deviate from the presumptive amount.
Judges have substantial discretion to adjust the amount a parent must pay. A parent seeking a deviation should work with a skilled Atlanta attorney to prepare a persuasive argument in favor of a non-mandatory deviation.
Common Reasons for Requesting Discretionary Adjustments
Parents may request an adjustment to the child support payment for many reasons. Virtually any situation that has a substantial impact on the parents’ finances could be an appropriate reason to seek an adjustment. Judges will not grant a deviation without proof that it is necessary and in the children’s best interests.
The following are some of the most common reasons for a parent to request a deviation. A parent seeking a non-mandatory adjustment of the formula amount should discuss their situation with a knowledgeable attorney in Atlanta.
High or Low Income
The child support formula might produce a child support amount that could cause financial hardship to parents with lower-than-average incomes. Currently, parents in these circumstances can request an adjustment.
Judges can adjust the child support obligation upward when parents have a combined monthly income of at least $40,000. The increase would ensure the children enjoy a similar lifestyle as they would if the parents were living together.
Special Medical or Educational Needs
Parents of children with physical, intellectual, or emotional disabilities may have extraordinary health and educational expenses. In some cases, a parent may need to be a full-time caregiver to a disabled child. Judges will adjust child support as necessary to meet the child’s needs.
Parenting Time
The child support guidelines presume that both parents will provide a home for the children some of the time, but that the children will be living with one parent most of the time. When parents have different arrangements—either one parent rarely or never has the children overnight, or the parents split time roughly equally—the child support guidelines might not produce a fair result.
Parents can request a deviation to the formula amount to account for parenting time. Beginning July 1, 2026, parenting time will be a mandatory adjustment included in the Child Support Worksheet.
Mortgage Deviation
When the non-custodial parent provides a home or pays the mortgage for the residence the child occupies, that parent can seek an adjustment to their child support obligation.
Discuss Discretionary Deviations With an Atlanta Child Support Attorney
The child support guidelines provide a framework for couples to share the financial burden of raising children. Although they work well for many couples, the law allows a judge to consider each family’s specific circumstances. When necessary, a family court judge can grant a deviation.
It is important to have quality legal advice when considering non-mandatory deviations to child support in Atlanta, GA. The attorneys at our firm are devoted to helping you meet your child support goals.
Do not try to manage child support issues alone. Arrange a consultation with a member of our team today.
