Child Support in Georgia Calculation, Enforcement & Modification
Georgia calculates child support using an income-shares model under O.C.G.A. § 19-6-15, combining both parents’ gross incomes and applying a schedule that estimates what the family would have spent on the child if the household remained intact. For two parents earning a combined $10,000 per month with one child, Georgia’s Basic Child Support Obligation is approximately $1,206 per month before adjustments for health insurance, childcare, and extraordinary expenses. The non-custodial parent’s share is proportional to their percentage of the combined income. At Tannen Law Group, we help parents in Johns Creek, Alpharetta, Cumming, and throughout North Atlanta obtain fair child support orders, enforce existing orders, and modify support when circumstances change.
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Attorney David Tannen has calculated and negotiated child support in hundreds of Georgia cases. We know how to use deviations to protect your family’s needs.
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Child Support in Georgia. Quick Facts
- Formula: Georgia uses the income shares model (O.C.G.A. § 19-6-15). Both parents' gross incomes determine the presumptive amount.
- Calculation basis: Combined adjusted gross income from both parents, prorated by each parent's share.
- Deviations allowed: Courts may deviate from the presumptive amount based on special expenses, parenting time, or other documented factors.
- Add-ons: Health insurance, work-related childcare, and extraordinary educational expenses are added to the base amount.
- Modification: Requires a 15% change in the presumptive amount or a substantial change in circumstances.
- Enforcement: Unpaid child support accrues interest at 7% per year. Contempt, license suspension, and wage garnishment are available remedies.
- Duration: Typically through age 18, or through high school graduation up to age 20.
Understanding Child Support in Georgia
- Calculation method: Income-shares model (O.C.G.A. § 19-6-15), combines both parents' gross incomes
- Basic obligation example: Combined income $10,000/month, one child = approximately $1,206/month before adjustments
- Adjustments: Health insurance premiums, work-related childcare, extraordinary medical expenses, and extraordinary educational expenses are added to the basic obligation and split proportionally
- Deviation factors: Courts can deviate from the guidelines for high/low income, parenting time exceeding standard, travel costs, mortgage on the family home, and other child-related expenses
- Duration: Until the child turns 18, or 20 if still enrolled in secondary school full-time and living with the custodial parent
- Enforcement tools: Wage garnishment, tax refund intercept, license suspension, passport denial, contempt (jail time)
- Modification standard: Material change in circumstances, job loss, significant income change, change in custody, or change in the child's needs
- Interest on arrears: 12% per year under O.C.G.A. § 19-11-18
How Child Support Is Established
Georgia’s child support calculation follows a specific statutory process. Understanding how it works helps parents know what to expect and where the negotiation points exist.
Step 1: Determine each parent’s gross income. Gross income includes salary, wages, commissions, bonuses, self-employment income, rental income, investment returns, retirement benefits, Social Security, and virtually any other source of income. The court imputes income to voluntarily unemployed or underemployed parents based on their education, work history, and earning capacity.
Step 2: Combine both parents’ gross incomes and look up the Basic Child Support Obligation (BCSO) on the statutory schedule. The BCSO table is published in O.C.G.A. § 19-6-15 and varies by income level and number of children. The table reflects the estimated cost of raising a child at that income level.
Step 3: Calculate each parent’s pro rata share. If the custodial parent earns 40% of the combined income and the non-custodial parent earns 60%, the non-custodial parent’s presumptive share is 60% of the BCSO.
Step 4: Add adjustments for health insurance premiums paid for the child, work-related childcare costs, and extraordinary expenses (medical, educational). These are added to the BCSO and split proportionally.
Step 5: Apply deviations if warranted. Georgia law allows the court to deviate from the calculated amount for specific reasons, including high or low parental income, a parenting time arrangement where the non-custodial parent has the child significantly more than standard visitation, travel expenses for visitation, the child’s special needs, and other factors.
The final child support order reflects the BCSO plus adjustments, minus any applicable deviations. A worksheet documenting the calculation is filed with the court for every child support order.
Emergency Child Support and Custody Situations
Georgia courts modify child support when there is a material change in circumstances since the last order. Common grounds for modification include significant income changes for either parent, job loss, substantial raise, career change, retirement, or disability. The change must be involuntary and substantial. A parent who voluntarily quits a high-paying job to reduce child support obligations will not succeed, courts can impute income based on earning capacity.
Changes in the child’s needs also justify modification. A child who develops a medical condition requiring ongoing treatment, enters a private school, or begins expensive extracurricular activities may have increased needs that warrant a support adjustment.
Changes in custody or parenting time affect support calculations. If the non-custodial parent takes on significantly more parenting time than the original order contemplated, the support amount may decrease. A full custody change triggers a complete recalculation.
Georgia also permits modification if the current order deviates more than a certain threshold from what the guidelines would produce under current circumstances. This provides a mathematical basis for modification even when no single dramatic event has occurred.
To modify child support, the requesting parent files a petition in the court that issued the original order. The other parent is served and has the opportunity to respond. The court evaluates the evidence and determines whether modification is warranted and, if so, what the new amount should be.
Get an Accurate Child Support Calculation
Georgia uses the income shares model but the final number depends on deductions, deviations, and how income is counted. We will run the calculation for your specific situation.
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Why Choose Tannen Law Group
When a parent fails to pay court-ordered child support, Georgia provides aggressive enforcement mechanisms. The Division of Child Support Services (DCSS) and private attorneys can pursue enforcement through multiple channels.
Income deduction orders (wage garnishment) direct the paying parent’s employer to withhold support from their paycheck before they receive it. This is the most common and effective enforcement method.
Tax refund intercept allows the state to seize federal and state tax refunds to satisfy child support arrears.
License suspension applies to driver’s licenses, professional licenses, and recreational licenses. Georgia courts can suspend these licenses for child support noncompliance, creating practical pressure to pay.
Passport denial applies when arrears exceed $2,500. The U.S. Department of State will deny passport issuance or renewal until arrears are resolved.
Contempt of court proceedings can result in fines and jail time for willful nonpayment. A parent who has the ability to pay but chooses not to can be sentenced to up to 20 days in jail for civil contempt, with the option to purge by making payment. Criminal contempt carries more severe penalties for repeated or egregious violations.
Back child support in Georgia accrues interest at 12% per year under O.C.G.A. § 19-11-18. On a $10,000 arrearage, that is $1,200 per year in interest alone, creating a compounding financial incentive to stay current.
Attorney Kevin Markes has recovered over $40,000 in unpaid child support in a single contempt proceeding by documenting the paying parent’s hidden income and presenting evidence of willful noncompliance to the court.
Enforcement of Court Orders
Georgia’s child support guidelines account for parenting time through the deviation process. In standard custody arrangements where the non-custodial parent has visitation every other weekend and some holidays, the guidelines apply without adjustment.
When parents share parenting time more equally, such as alternating weeks or a 60/40 schedule, the court may deviate from the standard calculation. The deviation reflects the fact that both parents are incurring direct costs for the child during their respective parenting time. However, Georgia does not have an automatic offset formula for shared custody. The court exercises discretion based on the actual expenses each parent incurs and the child’s needs.
Parents who negotiate child support as part of a settlement agreement should carefully consider the relationship between the parenting time schedule and the support calculation. Changes to the parenting schedule after the divorce can create grounds for modifying support in either direction.
Modifications of Child Support Orders
A child support modification attorney can help determine whether a modification request meets legal requirements. Changes are not automatic and must be approved by the court. In cases involving custody changes, a child custody modification lawyer may also be involved. Parents often consult a post-divorce modification attorney georgia families rely on to handle these requests properly.
How Child Support Supports Predictable Outcomes
Legal guidance ensures that support orders reflect current circumstances and remain enforceable. Proper handling of support matters supports long term family stability.
Frequently Asked Questions
How is child support calculated in Georgia?
Georgia uses an income-shares model under O.C.G.A. § 19-6-15. Both parents’ gross incomes are combined, and the Basic Child Support Obligation is determined from a statutory table. The non-custodial parent’s share is proportional to their percentage of the combined income. Adjustments are added for health insurance, childcare, and extraordinary expenses. Courts can deviate from the calculated amount for specific reasons.
How long does child support last in Georgia?
Child support in Georgia continues until the child turns 18, or until age 20 if the child is still enrolled full-time in secondary school (high school) and living with the custodial parent. Support ends earlier if the child marries, enlists in the military, becomes emancipated, or dies. College expenses are not included in Georgia child support unless the parents agree in writing.
Can child support be modified in Georgia?
Yes. Either parent can petition to modify child support based on a material change in circumstances, significant income changes, job loss, changes in custody or parenting time, changes in the child’s needs, or retirement. The requesting parent must show that the change is substantial and involuntary. Courts recalculate using the current income and guidelines.
What happens if my ex won't pay child support?
Georgia provides multiple enforcement tools: wage garnishment, tax refund intercept, license suspension, passport denial for arrears over $2,500, and contempt proceedings that can include jail time. Back support accrues 12% annual interest. You can pursue enforcement through the Division of Child Support Services or through a private attorney.
Can child support be waived in Georgia?
No. Child support is the child’s right, not the parent’s. Georgia courts will not approve a settlement agreement that waives child support entirely. Parents can agree to an amount that deviates from the guidelines, but the deviation must be justified in writing and approved by the court as being in the child’s best interests.
Does child support cover college expenses in Georgia?
Not automatically. Georgia law does not require parents to pay for college through child support. However, parents can agree to share college costs as part of their divorce settlement agreement. If such an agreement exists, it is enforceable. Without an agreement, neither parent has a legal obligation to fund higher education.
What if I lose my job, can I stop paying child support?
No. You cannot unilaterally stop paying child support. If you lose your job, you must file a modification petition immediately. Until the court modifies the order, the existing amount continues to accrue and arrears accumulate interest. The court will evaluate whether the job loss was voluntary or involuntary and may impute income based on your earning capacity if the loss appears strategic.
Can child support be modified if my income or the custody schedule has changed?
Yes. Georgia courts modify child support when the proposed new amount would differ from the current order by at least 15 percent, or when there has been a substantial change in the child’s financial needs. Job loss, income increases, and changes in parenting time all qualify as potential grounds. Do not stop paying support while a petition is pending. Arrears accrue at 12 percent annually. Call (470) 560-7798 to find out whether your circumstances meet the threshold. See our full guide to child support modifications.
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