Child support is often a contentious issue between co-parents. They might have trouble agreeing on an appropriate amount and complying with the court order.
Work with a Marietta child support lawyer on these issues. The family attorneys on our team can guide you on every aspect of child support. We can explain how to calculate an appropriate amount of support, help with negotiating an agreement, and provide counsel if you later need an order modification.
Understanding Child Support Obligations
Children have the right to the financial support of both their parents. Even when the custodial parent does not need or want the money, the co-parent still must contribute to the children’s upbringing.
Child support is typically paid from the higher earning spouse to the lower earning spouse as a contribution to the cost of providing a home for the child. The receiving spouse can use the money as they see fit.
Disputes sometimes arise when a paying spouse believes a receiving spouse is not directing child support money solely for the benefit of the children. When the paying spouse believes that a child’s needs are not being met, they should consult a Marietta child support attorney.
Duration of Child Support
A paying parent owes child support until the child turns 18 or graduates from high school, whichever comes later. Child support might end earlier if the child gets married, joins the military, or becomes emancipated from parental control.
The obligation to pay child support can be extended if the child pursues higher education and remains financially dependent on their parents. In addition, Georgia family courts can order child support for an adult child with physical, emotional, or mental disabilities that prevent them from supporting themselves.
Negotiating the Initial Order
The law describes how to calculate the amount to be paid in a specific case. The state uses a formula to ensure a child’s basic needs are met. Each parent contributes to the child’s support on a pro rata basis, according to their respective gross incomes.
Once the parents have determined their minimum obligation, there are mandatory adjustments for the child’s health and dental insurance and childcare costs. Parents should also consider whether to ask for adjustments for relatively equal parenting time, extraordinarily medical or educational expenses, or other specific circumstances. A Marietta family law attorney can explain whether a family’s particular circumstances justify seeking a deviation from the formula child support amount.
Parents can negotiate a child support arrangement and include it in their parenting plan. The judge will review it to ensure it complies with the guidelines and then issue it in an enforceable court order.
Modifying the Support Order
A Georgia family court makes the initial child support order based on circumstances that exist at the time. As circumstances change, modifications may be necessary.
Parents have the right to seek modification every two years. When there has been a significant change in circumstances, they can petition for a modification even if two years has not elapsed since the last order. The following circumstances could merit a change in a child support order:
- Job loss or promotion;
- Onset of a serious health condition;
- Significant change in parenting time;
- Child’s extraordinary health or educational needs change;
- Child enrolls in private school;
- Substantial increase or decrease in expenses for a child’s extracurricular activities.
The birth of a new child to either parent also could require modifying the child support amount.
When parents agree to a child support modification, one of our Marietta attorneys will draft a proposed order that both parents will sign. They present the order to the court for the judge’s review and, the court will issue a modified order. When parents disagree on the need to modify child support, the parent wishing to change the order must petition the court and demonstrate that the change serves the children’s best interests.
Contact a Marietta Child Support Attorney
Child support may be critical to providing for your children, especially immediately after a divorce. A Marietta child support lawyer can analyze your case, advise you on how to proceed toward a beneficial result, and help you and your family in whatever way they can. Call today to speak with our intake team about your situation.
