Child Support

Both parents share the responsibility to provide adequate support for their minor children. Child support helps to ensure the costs of rearing a child are divided equally among both parents.

In Georgia, child support can be mandated regardless of whether the child’s parents were ever married.

Child support consists of payments made by the non-custodial parent to the custodial parent on behalf of their child or children. Normally, child support is paid in monthly or bi-monthly installments until the child turns 18 years of age. Although child support payments are paid to the custodial parent, child support is the right of the child and is to be used solely for the benefit of the child or children.

How is Child Support Established in Georgia?

To establish a valid claim for child support, the spouse seeking it must allege and prove the following elements:

• There was a valid marriage
• Parties living in bona fide state of separation
• There are minor children as the issue of the marriage
• A claim for child support is ancillary to a pending action for divorce brought by either party or suit for separate maintenance

If the parties are not married:

An action for child support would be brought by paternity suit to establish the non-custodial parent is the rightful father. In most cases, paternity must be established before a duty of support will be imposed by a court.

A final verdict and decree of child support MUST specify:

• The amount of permanent child support
• The party paying the support
• In what manner
• How often
• To whom
• Until when
• Must also make determinations concerning accident and sickness insurance for the child

Child Support Worksheet Calculator

In Georgia, child support is based upon the income of both parents, along with several other factors that affect the child’s needs and the ability of both parents to meet those needs. The child support worksheet is used to enter the financial information of both parents to calculate the amount of child support according to Georgia’s child support guidelines and formula.

* * *  Georgia’s child support worksheets provide the guidelines that establish the minimum amount of child support for a particular case.

Deviations From the Child Support Worksheet

Deviations from the amount of child support calculated can be made based on a case by case basis depending on the circumstances of the case. A key component is whether the deviation is considered reasonable. Additionally, any deviation must be considered in the best interests of the child. However, a parent may not take credit for voluntary expenditures for toys, gifts, food, clothing, shelter or other necessities and may not make payment directly to the minor child.