A temporary child support award in a Georgia divorce is calculated under the same guidelines as the final one.
What the Statutes Say
Under OCGA 19-6-14, while a divorce is pending the judge “may grant as temporary child support a sum sufficient for the support of the children of the parties in accordance with Code Section 19-6-15.” OCGA 19-6-15(c)(1) says the guidelines “shall be used when the court enters a temporary or permanent child support order,” and subsection (e) speaks of “any temporary, final, or modified order for child support.”
The Guidelines Must Actually Be Used
In Neal v. Hibbard, 296 Ga. 882 (2015), the trial court entered a temporary order setting support at $2,000 a month. The order said the court was “unable to calculate various items relating to child support” and would rehear the matter later. The Georgia Supreme Court reversed, because “the order shows on its face that the guidelines were not used.” Even though the final judgment had since replaced the temporary order, the Court held that “does not render it moot,” since the amount owed for the temporary period was still unresolved.
How a Temporary Award Differs From a Final One
Neal also holds that a worksheet need not be attached to a temporary order: “none is required.” OCGA 19-6-15(m)(1) attaches the worksheet and schedules “to the final court order or judgment.” Likewise, the findings listed in OCGA 19-6-15(c)(2), such as a sum certain, each parent’s gross income, and whether health insurance is reasonably available, are required “[i]n the final judgment or decree.” A deviation is different: OCGA 19-6-15(i)(1)(B) requires written findings “[w]hen ordering a deviation,” with no limitation to final orders. Finally, a temporary award decides nothing permanently. It can be revisited until the decree is entered, and the final amount is calculated on the evidence at the final hearing, as our temporary hearing posts explain.
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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!