A Georgia court can raise or lower child support for the cost of long-distance parenting time, but the deviation must rest on actual travel costs and be explained.
What the Statute Says
OCGA 19-6-15(i)(2)(E) allows a deviation when court-ordered parenting time travel expenses are “substantial due to the distance between the parents.” The court allocates those costs “taking into consideration the circumstances of the respective parents as well as which parent moved and the reason for such move.”
What Courts Have Allowed
In Black v. Black, 292 Ga. 691 (2013), the mother moved the children to New York, and the father in Georgia would have them for most holidays and much of the summer. A downward deviation leaving him funds for that travel was not an abuse of discretion. Similarly, in Hooper v. Townsend, 362 Ga. App. 532 (2022), a mother in New Jersey had her obligation reduced by $400 a month so she could travel to see the child.
Where Deviations Have Failed
In Park-Poaps v. Poaps, 351 Ga. App. 856 (2019), the court let the mother deduct up to five plane tickets a year from her support without fixing any amount; the Court of Appeals held a deviation that “failed to include any cost information” was “too speculative.” The same case ended an earlier $700 travel deviation because the mother was not exercising all of the visitation it was meant to fund.
Likewise, in Nelson v. McKenzie, 364 Ga. App. 533 (2022), a $784 monthly deviation for a father’s twice-monthly trips to Illinois was reversed because the new parenting plan had just reduced him to holiday and summer visits.
And in Strunk v. Strunk, 294 Ga. 280 (2013), the order said why the father did not get the $700 he requested but never said why he got $200, so it was reversed. Our post on required court findings for deviations covers what the order must contain.
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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!