Part of your responsibility as a parent is the financial support of your child. During the divorce, the welfare of your child often involves long and complicated discussion with the other party. Settlements during negotiations require careful attention especially to protect you and your child’s best interests.
While the computation of child support is complicated and unique in every case, the court ensures that both parents fulfill their financial responsibilities to their child. During this part of the divorce process, you will need complete legal knowledge and the expert support of legal counsel.
Vayman & Teitelbaum, P.C. understands that you have the best interest of your child in mind. We will help you understand the intricacies of child support during the divorce. We can help ensure that your support responsibility is reasonable and fair with special consideration to your capacity to pay and the needs of your child.
Georgia law states that it is the responsibility of both parents to make sure that they provide for the education, protection, and maintenance of their minor children. It protects the child and ensures that the parents will continue to meet their individual responsibilities.
Child support is directly linked to child custody. Typically, the non-custodialparent pays the agreed amount for child support to the custodial parent. The latter refers to the parent with physical custody of the child more than 50% of the time. The Child Support Process begins with an online or personal application to the Georgia Department of Human Resources, Division of Support Services. The legal experts at Vayman & Teitelbaum, P.C. will assist you in making arrangements in collecting arrearages or back payments.
The court will base the amount of support for the child using “income-sharing.” The child support amount that each parent will have to pay is based on both parents’ joint income, minus any deductions. The Georgia court will look into salary, trust income, tips, commissions, interests, and other sources of a parent’s income. Even if one or both receives unemployment benefits, Social Security payments, disability benefits, or worker’s compensation payments, child support still has to be paid.
Vayman & Teitelbaum, P.C. understands that you need to take care of your child according to fair computation based on your income. We will guide and prepare you through the entire divorce and child support process, so you will know what to expect at each step. Starting your life’s new chapter should begin as worry-free as possible.
Georgia Child Support Calculations
Computing child support is a complicated matter. As such, the state of Georgia has developed its Child Support Calculator for you to determine how much you will have to pay. However, this computation only serves as a general guideline for determining the presumptive child support amount which refers to the total child support obligation that also includes work-related and health insurance childcare costs.
It is often difficult to fully understand the statute governing Child Support in Georgia. The “legalese” can often confuse anyone. Our dedicated lawyers at Vayman & Teitelbaum, P.C. can help you sift through each law so you can fully understand what is expected of you. Typically, the process of computing child support goes through several general steps:
Determining the monthly gross income of the custodial and non-custodial parent.
Adjusting each parent’s monthly gross income through the deduction of the following:
Half of the self-employment taxes
Pre-existing orders
If allowed by the court, theoretical child support order for qualified child/children
Combining the adjusted income of both parents.
Referring to the Child Support Obligation Table and locating the closest figure to the combined adjusted income. The table will outline the amount of basic child support obligation of each parent.
Calculating the pro rata per percentage of child support obligation of each parent by dividing the combined adjusted income.
Determining the adjusted child support amount by adding the expense of work-related child care and health insurance.
Calculating the amount of child support obligations of the custodial and non-custodial parent by deducting or assigning credit for actual payments made for health insurance and work-related child care from the child support obligation.
Deviations can be added or subtracted from the presumptive amount of child support with the application of the best interest of the child standard. Deviations may include, but not limited to:
High income of both parents (combined income is $30,000 a month)
Low income of the non-custodial parent ($1,850 or less a month)
Life insurance where the child is a named beneficiary.
Health-related insurance
Tax credit
Travel expenses and bills
Alimony
Mortgage
Expenses due to education and other medical conditions
Parenting time
Child support is statutory in the state of Georgia and should be paid until the child turns 18 years of age unless otherwise stated by the court.
With the help of your family law attorneys at Vayman & Teitelbaum, P.C., you do not have to worry about determining the child support payments. Our experience and knowledge in the child support and divorce process will provide you with the necessary information and computation, so you will know how much you are expected to pay. Moreover, our dedicated legal counsel will take the time to explain each and every step during the divorce process or father’s rights process, including the calculation of the child support to ensure that it is fair and aligns with your income capacity.
In Georgia, child support calculations use the Income Shares Model, which takes into account both parents' gross income and the number of children needing support. Factors affecting the child support amount include the cost of health insurance, daycare expenses, any special needs of the child, and the division of parenting time between the parents. Courts may also consider deviations from the standard calculation in special cases, such as for high-income earners or exceptional medical expenses. Accurate financial disclosure and understanding these factors are crucial for determining a fair and appropriate child support amount in Georgia.
If the other parent in Georgia is not meeting their child support obligations or if you're having trouble making payments, document any missed payments and contact the Georgia Division of Child Support Services (DCSS) to explore enforcement options such as wage garnishment or tax refund interception. You can also file a contempt action in court to enforce the support order. If financial difficulties are affecting your ability to pay, you may petition the court for a modification based on changed circumstances. Consulting with a family law attorney can provide valuable guidance on the best legal steps to address your situation.
I can help you establish, modify, or enforce child support orders in Georgia by guiding you through every step of the legal process. This involves gathering essential financial documentation, filing the necessary court paperwork, and advocating for your interests during hearings or negotiations. Whether you need to create a new child support order, adjust an existing one due to changes in circumstances, or enforce compliance when payments are missed, I offer expert representation to secure the best outcome for you and your child.
To request a child support modification in Georgia, begin by filing a petition with the court detailing the reasons for the change, such as a significant shift in either parent's income, job loss, medical expenses, or alterations in the child's needs. Collect supporting documentation, including income statements, expense records, and relevant court orders. The court will schedule a hearing where both parties can present their arguments, and the judge will assess whether the change in circumstances justifies a modification to the child support amount. Adhering to the legal process and consulting with an attorney can help you navigate these complexities effectively.
I keep clients informed throughout the child support process in Georgia by providing regular updates and progress reports through phone calls, emails, and scheduled meetings. You'll receive timely information on developments in your case, such as updates on filings, court dates, and responses from the other party. I make sure you are aware of key milestones and decisions and am available to answer questions and address concerns promptly. This approach ensures you stay engaged and well-informed throughout the legal process.
Billing is typically managed on a retainer basis, where clients pay an upfront deposit that covers my hourly fees and expenses. I provide detailed invoices that itemize the services rendered and the associated charges. During our initial consultation, we will discuss your specific needs and agree on a fee structure that fits your situation and the complexity of your case.
Child support and child custody matters in Georgia are closely related, as both aim to serve the best interests of the child. Child support calculations take into account factors such as the custody arrangement and each parent's financial contribution. I handle these cases by ensuring that the child support order aligns with the custody arrangement and accurately reflects each parent's financial responsibilities. If custody arrangements change or disputes arise, I can help modify the child support order to fit the new circumstances, always prioritizing the child's well-being in both legal aspects.
As a family law attorney in Georgia, I focus on resolving child support disputes and negotiations with fairness and the child's best interests in mind. My process begins with collecting thorough financial documentation and assessing the specific details of my client's case. I strive to communicate openly and negotiate with the other parent or their attorney to reach a mutually agreeable resolution outside of court when possible. If negotiations become difficult or contentious, I am ready to advocate strongly for my client's rights through mediation or litigation, ensuring that the child's financial needs are addressed fairly and responsibly.
If you suspect that the other parent in Georgia is deliberately underreporting their income to lower their child support obligations, take the following steps to address the issue. Collect any evidence or documentation that supports your concerns, such as financial records, bank statements, or communications that reveal their actual income. Consult with a family law attorney, who can help file a motion with the court to review their financial disclosures and potentially subpoena additional financial records. Ensuring that child support calculations accurately reflect the other parent's true income is essential for maintaining fairness and adequately meeting the child's needs.
In shared custody or timesharing situations in Georgia, child support calculations take into account both parents' incomes and the amount of time each parent spends with the child. Georgia employs an Income Shares Model, where the combined income of both parents determines the basic child support obligation according to state guidelines. This amount is then adjusted based on the percentage of time each parent has with the child. For shared custody arrangements, where each parent has at least 30% of the parenting time, specialized calculations are used to allocate financial responsibility proportionally to each parent's income and time spent with the child. Consulting with a family law attorney can provide tailored guidance for your situation and ensure adherence to Georgia’s child support laws.
If you need to relocate in Georgia and it will affect your existing child support order or parenting plan, there are legal steps you should take. Begin by reviewing your current custody order and consulting with a family law attorney to understand how the move will impact your situation. If the relocation changes parenting time or the child's needs, you may need to petition the court for a modification of the parenting plan. Similarly, if the move alters your financial situation, such as changes in income or new expenses, you can request a modification of the child support order. It is crucial to follow the legal process carefully and provide adequate justification for any changes to ensure they align with the child's best interests and comply with Georgia law.
As an attorney in Georgia, I manage cases involving changes in a child's needs, such as increased medical expenses or educational costs, by thoroughly evaluating the situation and advocating for necessary adjustments to child support or custody arrangements. I collaborate with clients to gather documentation, including medical bills or tuition statements, that supports the need for changes. Whether through negotiation, mediation, or court proceedings, I work to ensure that the child's evolving needs are addressed while respecting the legal rights and obligations of both parents.
The Georgia Department of Revenue (DOR) plays a crucial role in child support enforcement by implementing measures to ensure compliance with support orders. They assist in locating parents, establishing paternity, and enforcing support through methods such as income withholding and intercepting tax refunds. As a family law attorney, I help clients navigate DOR-related issues by managing the complexities of child support enforcement, representing them in administrative hearings with the DOR, and advocating for their interests to ensure that child support obligations are met efficiently and effectively.
In Georgia, child support payments are neither tax-deductible for the paying parent nor considered taxable income for the receiving parent. It's essential to document child support payments clearly in any agreements or court orders to prevent misunderstandings. However, other elements of family law, such as alimony or spousal support, may have tax implications. I can offer tailored guidance on these matters and how they may impact your overall tax situation.
Failure to pay child support in Georgia can have severe legal and financial repercussions. Legally, the court or the Georgia Division of Child Support Services (DCSS) may take enforcement actions, such as wage garnishment, intercepting tax refunds, suspending driver's licenses, or pursuing contempt of court charges. Financially, unpaid child support can accumulate interest and negatively impact your credit rating. It is important to address non-payment issues promptly with the help of a family law attorney to minimize these consequences and ensure you meet your child support obligations.
To help clients secure fair and equitable child support agreements or orders, I use several key strategies. First, I ensure comprehensive and accurate financial disclosure from both parties to provide a clear understanding of income and expenses. I apply the Georgia Child Support Guidelines to calculate appropriate support amounts and advocate for my client's interests during negotiations or mediation. I also take into account any special circumstances, such as medical needs or educational costs, that might justify deviations from standard calculations. Throughout the process, I emphasize open communication and strive to achieve amicable agreements that prioritize the child's best interests while ensuring fairness for both parents.
As a Georgia family law attorney, I keep up-to-date with changes in child support laws and regulations by attending legal seminars, participating in continuing legal education courses, and engaging with professional legal organizations. I also review relevant legal publications and court rulings. This commitment to ongoing education enables me to offer my clients the most current and accurate legal advice, ensuring that their child support agreements and orders align with the latest laws and best practices, ultimately benefiting their cases.
Let’s Talk Now- Case Evaluation
Vayman & Teitelbaum, P.C. is your legal support whether you are already filing for divorce or you are still deciding. We have the experience and the resources that you need during the entire legal process. Legal information is your key to painless and smooth divorce process between you and your spouse. Our Georgia Family Law Attorneys provide Case Evaluations!
I would strongly recommend Stephanie and the V&T team for any of your legal needs!
Stephanie Weil is an amazing attorney. She and the team at V&T were incredibly helpful, understanding and supportive throughout my case. I would strongly recommend Stephanie an... read more