Suwanee Child Support Lawyer
Child support can be a contentious discussion. In many cases, this difficulty comes from the fact that child support indirectly affects the finances of both spouses post-divorce.
Regardless of whether you are or will be the parent paying or receiving the child support, you can benefit from the legal knowledge and experience of a highly qualified family attorney. The advice of a Suwanee child support lawyer can help ensure that both your interests and your children’s interests are protected.
How Is Child Support Calculated?
When people divorce or separate and share underage children, one of the most pressing issues that the family court will determine is how much will have to be paid in child support. Child support in Georgia is calculated using what is known as the “income shares model.” This is a fairly strict calculation using a formula that considers each parent’s net income.
Each parent’s income is combined to determine the basic child support obligation, which is outlined in a chart based on their total net income. Each parent contributes to this obligation in proportion to their share of the combined net earning. For example, if one parent earns 65 percent of the total combined income, that parent would be responsible for paying 65 percent of the basic support obligation to the other parent.
However, various adjustments can be made to this formula amount, known as the presumptive payment. These adjustments fall into two categories: mandatory deviations and non-mandatory deviations. A Suwanee child support attorney can explain more about child support and how it is calculated during a private consultation.
Adjustments to the Formula Amount
The presumptive payment is rarely the amount parents pay. The law requires parents and judges to consider other factors when calculating the child support amount.
Mandatory Deviations
As of 2024, there are two mandatory adjustments to the presumptive child support amount—health insurance for the children and work-related childcare costs.
Children often have health insurance through one of the parents’ employers. In that case, the amount that the parent pays toward the children’s premiums is deducted from their child support obligation. When neither parent’s employer offers benefits, sometimes the parents can share the cost of an individual policy to cover the children.
When a parent needs childcare to work or further their education, the cost is shared between the parents. Only real costs are included. If childcare is provided by grandparents or others free of charge, there should be no childcare adjustment. The paying parent can deduct a percentage of the cost of childcare from the amount they pay.
Non-Mandatory Deviations
Sometimes, parents use the Child Support Guidelines, come up with a presumptive payment, and make the mandatory adjustments, but the resulting payment still seems unfair. One or both parents can petition the family court to deviate from the presumed adjusted payment.
One of the most requested deviations is based on the parents’ incomes. When the paying parent is low-income, paying the presumptive adjusted amount may cause hardship. A family judge can reduce the payment if doing so is not counterproductive to the children’s best interest.
Other factors that may support a request for a non-mandatory deviation include
the :
- Number of children in need of child support;
- Parents’ time-sharing arrangements;
- Costs that the custodial parent accrues in raising the child;
- Any special medical and educational needs of the children.
Georgia courts also grant deviations when the parents’ combined income is at least $4000 per week and when one parent pays for housing for the other parent and children.
Starting in 2026, deviations for time-sharing and low-income become mandatory. Using these factors and others, a child support order can be established that aims to fully account for the child’s interests without unduly burdening either parent. A Suwanee attorney can help interested parents estimate what they stand to pay or receive in child support under the income shares model.
How Is Child Support Paid?
Child support is rarely paid directly. The Official Code of Georgia §19-6-33.1 mandates that in most cases, the family court orders the payment to be deducted from the paying parent’s paycheck and be deposited to the Family Support Registry. The Registry keeps a record of the payment and forwards it to the receiving parent.
Payroll deductions are not possible when the paying parent is unemployed or self-employed. Parents can pay the registry directly using a credit card, debit card, or direct payment from a bank account.
Paying through the Registry means there is an accurate record of child support payments made and disbursed. These records are critical when there is a dispute about non-payment or late payments. When a paying parent is in arrears in support payments, the receiving parent can bring a contempt action to enforce the child support order. A Suwanee child support attorney can pursue or defend a contempt action.
Modifications of Child Support Orders Are Possible
As children grow up, their needs change. At the same time, parents face changing circumstances that drastically alter their income and ability to care for their children.
When either the children or parents encounter a significant life change after the child support orders have been finalized, the obligation can prove onerous or far too little. Fortunately, altering the child support obligation to reflect these changing circumstances may be possible.
Unfortunately, depending on the circumstances, proving these changes can be difficult. In order to change a child support decree, parents must be able to show a significant change in circumstances. Otherwise, parents must wait for two years from the date of the original agreement to request a modification of support payments. A Suwanee child support attorney can help determine whether a request for a modification may be appropriate.
Contact a Suwanee Child Support Attorney for Help
All parents want to make sure their child is fully taken care of after a divorce. However, there are other financial implications that are indirectly affected by child support orders, making it essential to find a support order that reflects your family’s unique circumstances.
A Suwanee child support lawyer can help. With their legal advice and experience, you can make sure your children have the resources they need to continue to grow and thrive after your divorce. Call today to learn more about your options.
