Milton Child Support Lawyer

Trying to figure out the right amount of child support to meet your family’s needs can be tricky. The state’s child support guidelines set a standard for determining payment amounts, but understanding which laws apply to your case requires the knowledge and dedication of a family law attorney.

A Milton child support lawyer can help determine both parents’ incomes as well as other costs and expenses related to raising their kids. Gathering relevant information to advocate for your child’s best interests is crucial to reaching an outcome that meets your family’s needs.

Calculating Support Payments

To determine an appropriate amount for child support, a Milton attorney uses a child support calculator provided in Official Code of Georgia Annotated §19-6-15. The two main items entered in the calculator are both parents’ gross incomes and the number of children in question. Based on the information entered, the calculator computes an estimation for an appropriate amount of child support.

Gross income includes any earnings from a parent’s job, overtime work, rental properties, disability, unemployment, self-employment, annuities, and bonuses before tax deductions.

How Long Does Child Support Last?

Children included in the calculations must be under 18 years of age or not yet graduated from high school in most cases. Child support may continue after high school graduation if the child pursues higher education full-time.

When a child has a disability that prevents them from leaving home, the obligation to pay support may extend indefinitely. The child must have become physically or mentally disabled before they turned 18, and the disability must be the reason they cannot live independently. In these cases, parents have an obligation to support their child until either the child can live independently or the parent or child dies.

Important Considerations

Discerning an appropriate support amount takes more consideration than a calculation based on gross income and number of children. Parents must account for the  children’s health and dental insurance costs and the expense of work-related childcare when calculating the formula amount.

The gross incomes can be adjusted if there are factors such as self-employment or preexisting support orders. Evaluating financial circumstances to determine either party’s caring capacity and ability to meet financial obligations can be made easier with the help of a Milton child support attorney.

The law allows parents to deviate from the formula amount with the court’s permission. Parents can request a deviation because of the following factors may also influence the final support amount:

• Extraordinary costs associated with the child’s medical, dental, vision, and therapy needs;
• Expenses related to the child’s extracurricular activities;
• Mortgage expenses when one parent pays for the housing of the other parent and children;
• Travel expenses when the parent and children live far apart;
• A parent’s income is exceptionally high or low;

  Costs associated with the child’s insurance; and

• Educational expenses.

Additionally, how much time a parent spends with their child can impact a support order. For example, a parent who has more time with their kids typically has higher child-raising costs and may require more support from the other party.

Regardless of your circumstances, a child support lawyer in Milton can help you identify an amount that adequately meets your children’s needs. However, the decision would ultimately fall under the tribunal’s discretion. State law requires local judges to uphold children’s best interests in every child support decision.

Paying and Receiving Child Support

When a court orders child support the judge will issue an income deduction order. This order directs the paying parent’s employer to deduct child support from the parent’s paycheck and forward it to the Georgia Family Support Registry (FSR). The FSR is established by state law and it tracks, receives, and distributes all court-ordered child support payments with rare exceptions.

When the paying spouse is self-employed, they must pay FSR directly. They can do so by cash, check, money order, debit, or credit card. Once FSR processes the payment it distributes it to the recipient spouse via direct deposit or preloaded debit card.

This system has several advantages. It ensures that the state has a record of all child support payments so there is no dispute about whether or not a payment was made or received. Also, the system sidesteps potentially difficult power dynamics between the paying and recipient parents, eliminating a potential for conflict or abuse.

Child Support Modification

As children grow and parents’ lives change, it may be necessary for a child support order to change with them. Parents can ask for a modification,  but the current order must have been in place at least three years before it can be modified. If less time has passed, a parent must prove that a substantial change in the child’s needs or the parents’ finances requires the modification.

Parents must recognize that even when they agree on a change, a judge has to approve a modification before it is legal.  The existing order remains in effect and enforceable until a judge issues a new one.

By Agreement

Parents can agree to amend the child support order. The parents must formalize their agreement in writing and submit it to the court for approval and submission to the FSR.

The parents’ agreed amount must conform to the child support guidelines. If it does not, the court is likely to hold a hearing to explore the reasons.

Review by Georgia Division of Child Support Services (DCSS)

A parent can ask the DCSS to review their child support order. The parents must submit forms detailing their children’s needs and current financial situation. If the review finds a modification is appropriate, DCSS will initiate a modification request to the court.

Petition the Court for a Modification

DCSS review can take several months. Many parents find it more efficient to petition the court directly. A child support attorney in Milton can prepare or defend a petition and help you make persuasive arguments to the judge.

Get in Touch with a Milton Child Support Attorney Today

Having attention to detail and collecting the correct information are two advantages an attorney from our firm can bring to the table. A skilled Milton child support lawyer can take the time to review all relevant financial records, request specific documents from the other party, and determine what additional information is necessary to reach a result that fulfills your family’s needs.

Do not feel like you have to go through this legal process alone. Reach out to our intake team to schedule a consultation so you can learn more about the legal options that may be available to you.