A parent who pays the mortgage on the home where the child lives can ask a Georgia court to count that payment against child support, but the court may say no.
What the Statute Says
Under OCGA 19-6-15(i)(2)(G), “If the noncustodial parent is providing shelter, such as paying the mortgage of the home, or has provided a home at no cost to the custodial parent in which the child resides, the court or the jury may allocate such costs or an amount equivalent to such costs by deviation from the presumptive amount of child support,” considering the parents’ circumstances and the child’s best interest. So the deviation belongs to the noncustodial parent, covers shelter actually provided, and is discretionary.
The Court May Refuse
In Vereen v. Vereen, 284 Ga. 755 (2008), the husband was ordered to pay $1,043 a month in child support and, as alimony, both mortgages on the marital home. The Georgia Supreme Court upheld the award, noting that a trial court “may, but is not required to, reduce child support obligation based on mortgage payments.”
The Court May Grant It, Even Above the Presumptive Amount
In Gresham-Green v. Mainones, 290 Ga. 721 (2012), a temporary order made the husband pay 80 percent of child care costs and the mortgage on the marital residence, which was in the wife’s name, while she had primary custody. The wife complained that she got no temporary child support, but the Court held the trial court “was authorized to deviate from the presumptive amount of child support” this way, that his payments exceeded the presumptive amount, and that support need not come “in the manner that she desired.”
Any deviation goes on Schedule E with the written findings described in our post on required court findings for deviations. Whether a divorce agreement makes a former spouse keep paying the mortgage, and what happens to the house, are separate questions covered in our settlement agreement posts.
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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!