Georgia sets child support with an “income shares” model: both parents’ incomes are combined, a statutory table supplies the amount, and each parent owes a share in proportion to income.
Where the Model Comes From
Under OCGA 19-6-15(c)(1), the guidelines “are a minimum basis for determining the amount of child support and shall apply as a rebuttable presumption in all legal proceedings involving the child support responsibility of a parent.” As the Court of Appeals explained in Hamlin v. Ramey, 291 Ga. App. 222 (2008), the model took effect January 1, 2007, when Georgia stopped basing support on the noncustodial parent’s income alone and began dividing it between the parents pro rata.
From Gross Income to the Presumptive Amount
OCGA 19-6-15(b) fixes the steps: (1) determine each parent’s monthly gross income; (2) subtract the allowed adjustments for self-employment taxes, preexisting orders, and other qualified children; (3) add the two adjusted incomes together; (4) find the basic child support obligation on the table in subsection (o) for that combined figure and the number of children; (5) divide it between the parents pro rata; and (6) apply the parenting time adjustment for court-ordered parenting time, then add health insurance premiums and work-related child care. The result is the “presumptive amount of child support.”
Where Deviations Enter
Only after the presumptive amount is fixed. Under OCGA 19-6-15(b)(7), a deviation must be “supported by the required findings of fact” and entered on Schedule E. In Stowell v. Huguenard, 288 Ga. 628 (2011), the trial court required the father to pay 25 percent of any income above his base salary. Even though the court never called that a deviation, the Georgia Supreme Court held it was one and vacated the award for lack of findings. A low-income adjustment and any benefits paid to the child on the paying parent’s account are applied last, producing the final child support amount.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!