Buckhead Child Support Lawyer
Many parents have questions about child support provisions, including whether they may be eligible for support and how much they could obtain. Although child support payments vary from case to case, consulting with a local attorney may be a good first step toward getting your questions answered.
Our team of dedicated family law attorneys can review your case to see if you might be eligible for child support. Our Buckhead child support lawyers can also provide information on how courts typically decide support payment amounts and the other various factors that influence these decisions.
Obtaining Child Support
By default, either parent may be eligible for child support in Buckhead. Georgia courts usually determine eligibility based on financial capacity and other related factors, such as the amount of time an individual spends with their child.
Other relevant aspects of childcare such as travel expenses, availability of Social Security benefits, and benefits from public assistance programs, may also impact a court’s calculation of child support, according to Official Code of Georgia Annotated §19-6-15. A local lawyer can provide further insight on how courts may calculate support payments in any given situation.
Child Support Fundamentals
Every parent has an obligation to support their children. When the children live with a parent, that parent meets their obligation by providing a home, food, transportation, and paying incidental expenses. The parent who does not provide a home for the children must pay a share of the costs of raising them to the custodial parent.
Financial support is a child’s right, not the custodial parents right. Even if the custodial parent does not need or want the money, they cannot waive child support.
The obligation to pay child support does not depend on whether the paying parent has access to the children. Even a parent with no custody or visitation rights must pay child support. However, when parents share child custody, the fact that each provides a home for the children can be factored into the child support amount with the help of a Buckhead attorney.
Temporary Child Support in Buckhead
Depending on the circumstances of a case, courts may issue temporary child support orders that provide support during divorce proceedings up until the divorce is finalized. Courts generally issue such orders if they believe the parent with custody of the child needs support payments in order to remain financially independent during their pending divorce.
Temporary child support may be warranted if a divorce is especially contentious, is taking longer than expected, or is more complex and more expensive than expected. The court also has the power to order restitution for attorneys’ fees or litigation expenses as part of a temporary child support order.
Using the Child Support Worksheet
When a couple has minor children, the final divorce decree will include an enforceable order regarding child support. Most couples negotiate the child support agreement in the parenting plan that they submit to the family court judge.
The couple must complete Georgia’s child support worksheet. Georgia’s system assumes that parents in similar income brackets spend a similar proportion of their income on their children.
Parents use the worksheet to determine their combined net income for child support purposes. The guidelines then provide a dollar amount that parents in that income bracket spend on their children. The presumptive payment is a percentage that reflects the parent’s contribution to the couple’s combined net income. A Buckhead attorney from our family law firm can help a parent understand the child support worksheet and how much they could owe or receive.
Applying Mandatory Deviations
Once parents have calculated the presumptive payment amount, they must make certain mandatory adjustments. The parents must adjust for work-related childcare costs and health insurance for the child. These calculations can become complex, so it is always wise to seek the help of one of our Buckhead attorneys before submitting the child support worksheet to the court.
Depending on their custody arrangements, one or both parents might incur childcare expenses. Only actual expenses count. So, for example, if a neighbor or relative watches the children occasionally, only money actually paid the babysitter counts toward childcare expenses.
If one of the parents has health insurance through their work, they may include the children on their health insurance policy. The amount of the premiums should be shared between the parents proportionally to their contribution to the parents’ combined net income.
Requesting Non-Mandatory Deviations
In addition to mandatory deviations, there are also non-mandatory deviations that can impact the child support amount. One or both parents can request a non-mandatory deviation and the family court can award them at its discretion.
There are multiple reasons to request a non-mandatory deviation. One of the most common is when parents share custody relatively equally, so each contributes substantially to the children’s living expenses. Another common reason for a non-mandatory deviation is when a child has extraordinary health or education expenses; the worksheet child support amount may not be adequate to meet their needs. There are several other situations that might justify a non-mandatory deviation to child support in a particular case.
The law concerning non-mandatory deviations is changing, and some traditionally non-mandatory deviations will become mandatory in 2026. Speak with one of our Buckhead lawyers to ensure that you are claiming any deviations to child support that might apply in your case.
Child Support Modifications
Parents may also petition for child support modifications if they feel they are either paying too much or receiving too little monetary support. Under O.C.G.A. §19-6-15, a parent may petition for a modification in the following situations:
- Substantial change in their financial circumstances
- Substantial change in their income levels
- Substantial change in the needs of the child
For example, if a parent paying child support suffers an involuntary loss of income or is laid off, they may petition for a reduction in their support payments. In the same vein, a parent receiving child support may petition for increased payments if the other parent has received a promotion or a new job that has substantially increased their income.
Usually, a parent may only petition for child support after two years have passed since the date of the last child support order. However, this requirement may not apply in situations where a parent has violated their visitation arrangement or taken more visitation time than they are allowed. Parents who need further information on modifications should call a child support attorney in Buckhead for a consultation.
Let a Buckhead Child Support Attorney Assist
Child support can be a complex issue with varying outcomes depending on the specifics of each parent’s circumstances. Factors such as income, assets, and parenting time can all contribute to the amount of child support a court is willing to grant.
If you qualify for financial assistance from your child’s other parent, a Buckhead child support lawyer can file the necessary paperwork on your behalf and represent you in hearings to advocate for you and your children. Obtain the child support you deserve by setting up a consultation with our team today.
