When the parents’ combined adjusted gross income exceeds the top of Georgia’s basic child support obligation table, the court starts from the table’s highest figure and may deviate upward, but only with the findings every deviation requires.
What the Statute Says
Under OCGA 19-6-15(i)(2)(A), parents whose combined adjusted gross income exceeds $40,000.00 per month are “high-income parents,” and “the court shall set the basic child support obligation at the highest amount allowed by the basic child support obligation table but the court or the jury may consider an upward deviation to attain an appropriate award of child support for high-income parents which is consistent with the best interest of the child.” The test is combined adjusted gross income after the Schedule B adjustments in our post on Georgia’s income shares model, not one salary.
No Automatic Increase
The deviation is discretionary. In Jackson v. Irvin, 316 Ga. App. 560 (2012), the parents’ combined income exceeded the line, the worksheet displayed the excess “for the court/jury to consider,” but the Court of Appeals held there is no “automatic” deviation for high income; the trial court could award the table amount.
Findings Are Required
An upward deviation must carry the findings described in our post on required findings for deviations. In Fladger v. Fladger, 296 Ga. 145 (2014), a father earning about $54,000 a month was ordered to pay $2,000 above the presumptive amount, and the Supreme Court reversed because the order never explained why that amount would be unjust or inappropriate; findings “must connect the dots.” In Jackson v. Sanders, 333 Ga. App. 544 (2015), a $1,100 deviation justified as giving the child the same standard of living in both homes satisfied the “reasons” and “best interest” findings, but the order was vacated for never stating the presumptive amount or how the guidelines would be unjust “considering the relative ability of each parent to provide support.”
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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!