The premium on life insurance a parent carries for a child can raise or lower Georgia child support, but only as a deviation the court chooses to make and explains.
What the Statute Says
Under OCGA 19-6-15(i)(2)(C), when either parent “has purchased life insurance on the life of either parent or the lives of both parents for the benefit of the child, the court may deviate from the presumptive amount of child support for the cost of such insurance by either adding or subtracting the amount of the premium.” OCGA 19-6-34(b) adds that the court “shall review the amount of the premium for reasonableness under the circumstances of the case and the best interest of the child.”
This post covers the premium as a deviation only. A court’s power to order a parent to carry life insurance securing support is in our post on life insurance to provide coverage; a promise to keep insurance in a divorce agreement is in our settlement agreement posts; and insurance kept for a former spouse is an alimony question.
The Court Does Not Have To Deviate
In Simmons v. Simmons, 288 Ga. 670 (2011), the husband had to carry $150,000 in life insurance for the child but got no deviation for the premium. The Georgia Supreme Court affirmed: the statute says “may,” and his company, not he, paid the premium.
If the Court Deviates, It Must Explain
In Black v. Black, 292 Ga. 691 (2013), the trial court deviated downward $27 a month for the father’s life insurance premiums. Its findings concerned the mother’s move and the father’s travel, so the Court said “we do not understand how these findings justify a deviation for life insurance premiums” and vacated the award, however small: “reversal is required when findings are not made even when the amount of the deviation could be characterized as de minimis.” See our post on required court findings for deviations.
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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!