Non-Mandatory Deviations to Child Support in Marietta
Child support in Georgia is calculated according to a formula. This ensures that every child receives a minimum amount of support to provide for their needs.
However, families differ, and some require adjustments to the formula’s suggested child support amount. The law allows non-mandatory deviations to child support in Marietta under various circumstances. Speak with a member of our family law team to find out whether a non-mandatory deviation might apply in your case.
Judges Have Discretion Over Child Support Deviations
A deviation to child support means that a parent will pay either more or less than the child support formula suggests. The law makes deviations for work-related childcare and children’s health expenses mandatory. Other deviations are up to a family court judge’s discretion.
Parents seeking a non-mandatory deviation must apply to the court. Their request must include substantial documentation showing why the deviation is necessary. Marietta parents seeking a non-mandatory deviation should work with an experienced family law attorney to ensure their presentation is accurate, complete, and persuasive.
The family court judge will review the documentation and make the decision they believe supports the children’s best interests. A parent who is unhappy with the judge’s decision can request a modification of the support order two years after it is issued.
Reasons for Requesting a Discretionary Adjustment
Family court judges strive to be fair when granting child support. Although their primary consideration must be the children’s best interests, specific circumstances may merit a non-mandatory deviation from the formula’s suggested amount. Below are some of the most common reasons why a family court judge might grant a discretionary deviation.
Parenting Time Deviation
The child support formula assumes that one parent has care of the children for most of the time. However, the trend in parenting time agreements is for parents to share time with the children more equally. Adjusting the child support obligation to reflect that both parents provide a home for the children is often appropriate.
Parents who share time with the children roughly equally can request a parenting time deviation to the child support obligation. Beginning in 2026, the child support worksheet will make parenting time a mandatory deviation.
Deviation for Child’s Extraordinary Needs
When the expenses associated with caring for or educating a child are unusually high, parents should share the costs. A parent can request a deviation when their child has physical or mental health issues or developmental disabilities that require exceptional care.
Income-Based Adjustments
Georgia family courts will consider adjustments to the child support amount if a parent’s income is unusually high or low.
When paying the formula child support amount would cause extreme financial hardship to a parent, a judge may allow a deviation. Low-income deviations are currently non-mandatory, but beginning in 2026, adjusting for low income will become mandatory.
Family court judges may increase a parent’s child support obligation if necessary to maintain the child’s standard of living.The Official Code of Georgia §19-6-15 (i)(2)(A) allows a judge to grant a non-mandatory deviation for high income when the parents’ combined gross income exceeds $40,000 per month.
Deviations for Other Reasons
When one parent provides a home for the other parent and child, a family court judge may grant a deviation to recognize the parent’s mortgage payment. When one parent must travel a long distance to have parenting time with the child, a court may grant a deviation to reflect their travel expenses.
Other deviations are possible as fairness dictates. An experienced Marietta child support attorney could identify whether asking for a non-mandatory deviation is appropriate in a specific case.
Consult a Marietta Attorney About Discretionary Deviations to Child Support
If you believe the child support amount the formula produces is not fair or adequate in your particular circumstances, consult one of our family law attorneys. They can review your situation and determine whether a non-mandatory deviation to child support in Marietta is appropriate.
Requesting non-mandatory deviations can be complex and it is wise to engage skilled legal support. Reach out today to learn more.
