NEW CHILD SUPPORT LAWS

In all cases filed after January 1, 2007, Georgia’s new child support laws
(O.C.G.A. §19-6-15) must be used.  These new laws are vastly different from the old child support laws. 

What's so different? 

What is most apparent is that the new laws require a far more complex calculation process than the old laws did.  Much of what used to be left to the discretion of the judge under the old laws is now included in the newer, more complex, calculations. 

Why did they change the child support laws? 

The old child support laws were created almost 20 years ago when fewer women worked outside the home and families tended to fit a more traditional model.  In today’s more modern world with extended families and one or both parents working outside the home, families often don’t fit into a traditional mold. 

Families are no longer “one size fits all”.  The new laws appear to try to take these family roles into account. While the old laws simply looked at the gross income of the non-custodial spouse and assigned a percentage value, the new laws use a more complex system of looking at the combined incomes of both parents as well as the support of other children. 

The new laws also take into account the following, which were not necessarily accounted for under the old laws: 

    • Health insurance and health care costs of the child 

    • Day care costs 

    • Child support payments for other children, sometimes even when they are not       court-ordered 

    • Self-employment taxes 

    • A spouse’s voluntary lack of income 

Because these laws are so new, it has not yet been determined what the “real-life” affect of these legal changes will be.  There are also some “loophole” areas that the law has left open that are still likely to be the subject of litigation. 

Do you qualify to have your current child support changed? 

We can help you to evaluate whether you qualify for an increase or decrease in child support. Increases or decreases are not automatic and require the filing of a petition with the court. A first time modification requires that you show a substantial change in income and financial status or a substantial change in the child’s needs.  If you have already had one modification, you must wait 2 years unless there is an involuntary loss of income or where there are certain changes in the visitation patterns of the other parent. 

Electronic worksheets for calculating child support can be found at:  https://services.georgia.gov/dhr/cspp/do/public/SupportCalcDownload