Child Support

Child support is typically calculated by a percentage of both parties’ incomes and other expenses related to the children. If you are currently going through a divorce and have concerns about receiving or paying the correct amount of child support, give us a call. Our Child support attorneys have helped many Alpharetta residents receive a suitable amount of child support. 

Child support payments can be arranged by a mutual agreement between the parents however, we advise anyone going through a divorce, legitimation or modification of child support to consider determining child support payments with the help of any attorney. 

Child support is calculated differently in every state.  In Georgia, a number of factors are taken into account when determining the amount of child support that is in the best interest of the child. 

The following points are all factors that allow the judge to determine child support payments:

•  If a child has excessive medical expenses
• Income of both parents who will have parenting time with the child or children 
• The cost of health insurance and work related day care expenses

Georgia uses the income share method to calculate basic child support. With this model, the court looks at the financial situation of both parents. 

Under the income share model, the Georgia courts use economic data to estimate the monthly cost of raising children prior to divorce. The non-custodial parent will pay a percentage of the calculated cost that is based on their proportional share of both parents’ combined income. 

Calculating the income or financial situation of the parents can be a daunting task, especially if one or both parents are self-employed or have business interests. In some child support cases custodial parent(s) may request the use of a forensic accountant to uncover any hidden income or calculate income based on expenses of the other party..

The gross income of both parents shall include income of any source, before taxes and deductions, and includes (but is not limited to) the following:

• Salaries
• Commission, fees and tips 
• Overtime
• Income self-employment
• Bonuses
• Interest and dividend income 
• Disability or retirement benefits
• Alimony
• Unemployment insurance benefits
• Workers compensation benefits
• Assets 
• Other income 

It is important to have an experienced and competent child support attorney by your side that is familiar with child support calculations. 

Child support cases can get quite complex, depending on the gross income of the parents, whether a parent is self employed and other various factors stated above. If you have any doubts about your child support case, contact us. We will fight for you.

Modifications to child support can be made if there has been an increase in expenses concerning the child or if the opposing parent has had an increase in income since the child support payment was last determined by the Georgia courts. If you are struggling to support your children or feel that you are paying too much, reach out to us and we will help you recalculate your child support payment.

Georgia law allows a party to file a modification of child support once every two years or when there is a significant change in circumstances. A significant change in circumstances can include a loss of a job or other income or a significant increase in income through a raise or promotion. If you are paying child support and have suffered a job loss, you may petition the court for a reduction in child support.

You may also ask for an expedited hearing. Unless you request an expedited hearing, you may have to wait months to obtain an order reducing your child support.

You may file a modification of child custody if:

• One parent wants to move out of state or a distance that makes it impractical to follow the current parenting plan
• A parent’s new significant other is causing harm to your child or children 
• If a change in jobs allows the non-custodial parent to spend more time with the child. 
• If a child over 14 makes an election to spend more time with the non-custodial parent

One reason to request a modification of custody is simply because one of the parents plans to move far enough away from the other parent to make the current parenting plan impractical. In Georgia, there is no law that prohibits one of the parents from moving out of state if they wish to retain custody of their children. Although a Court cannot prevent a parent from moving , a Court is allowed to Order the children stay in Georgia or custody change to the other parent.Just like with child custody, the Georgia courts determine what is in the best interest of the child. If you or the other parent are choosing to move out of state , the courts will evaluate the situation and determine what is in the best interest of the child.

When it comes to visitation and custody modification you should always consult an attorney to help guide you through the process. Our firm has helped many Alpharetta residents modify their custody and visitation rights. Contact us for more information on custody and visitation modification.