A Georgia parent who already supports other children can get credit for them on Schedule B, but both credits have conditions.
What Schedule B Subtracts
Under OCGA 19-6-15(b)(2), each parent’s gross income is reduced by one-half of self-employment taxes, “[p]reexisting orders,” and a “[t]heoretical child support order for qualified children, if allowed by the court.” The result is the adjusted income the rest of the worksheet uses.
Preexisting Orders
A “preexisting order” is an order in another case for another child, which the parent “is actually paying,” and whose initial order was filed before the initial order in the case now before the court. OCGA 19-6-15(a)(18). The credit covers only payments proved by documentation, capped at the average actually paid over the prior twelve months, and payments on arrears “shall not be considered payments on preexisting orders.” OCGA 19-6-15(f)(5)(B).
Priority runs by filing date. In Neal v. Hibbard, 296 Ga. 882 (2015), a later order for the father’s daughter could not reduce his income in his son’s case, because the son’s case was filed first.
Other Children Living With You
A “qualified child” lives in the parent’s home, is legally the parent’s responsibility and actually supported, and is neither covered by a preexisting order nor before the court. Stepchildren do not count. OCGA 19-6-15(a)(20). The court “may” then compute a theoretical order for those children on that parent’s income alone and subtract 75 percent of the table figure from gross income. OCGA 19-6-15(f)(5)(C). The parent must present “documentary evidence of the parent-child relationship,” the adjustment is for cases where ignoring the child “would cause substantial hardship,” and it must rest on the best interest of the child before the court.
In Strunk v. Strunk, 294 Ga. 280 (2013), a father received the credit for his newborn on his affidavit and testimony. And under Neal, the credit is not a deviation, so the written findings a deviation requires are not needed.
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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!