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HOW IS THE AMOUNT OF CHILD SUPPORT TO BE PAID DETERMINED?

In the 1980's, Georgia followed the lead of many other states and enacted child support guidelines in the interest of uniformity and consistency of awards throughout the state. While there is some limited room for judicial discretion, a judge (or jury) is required to make specific findings of fact in justification if an award is to exceed or be below the legal guidelines. The controlling statute is set forth below. Please understand that the legal term "shall" is mandatory language directed to the judge or jury. It means just what it says. It does not mean, and cannot be interpreted to mean, "may", "might", "could" or any other term suggesting choice. Here is a summary of the first part of the law:

  • The court must specify how much, to whom, in what manner and for how long support will be paid.
  • The court must make a written finding of the amount of each parties income
  • In order to vary from guidelines, the court must make a written finding of special circumstances which must justify any variance.
  • The court must determine whether health insurance is available at reasonable cost and make provision for its payment by the obligated party
  • The parties may agree upon an amount of to be paid by the obligor, but the court still must make a finding of special circumstances to justify any amount outside the guideline range.
  • Once an obligor is subject to a child support order, that person is no longer liable to others for necessaries (such as emergency medical treatment, etc.) furnished the child.
For the portion of the statute that addresses child support guidelines and special circumstances, click here.

O.C.G.A. § 19-6-15.

(a) The provisions of this Code section shall not apply with respect to any divorce case in which there are no minor children, except to the limited extent expressly authorized in subsection (e) of this Code section; and in a divorce case in which there are no minor children the requirements of this Code section for findings of fact and inclusion of findings in the verdict or decree shall not apply. In the final verdict or decree, the trier of fact shall specify in what amount and from which party the minor children are entitled to permanent support.

The final verdict or decree shall further specify as required by Code Section 19-5-12 in what manner, how often, to whom, and until when the support shall be paid.

The final verdict or decree shall further include a written finding of the gross income of the father and the mother and the presence or absence of special circumstances in accordance with subsection (c) of this Code section.

The trier of fact must also determine whether the accident and sickness insurance for the child or the children involved is reasonably available at reasonable costs through employment related or other group health insurance policies to an obligor. For purposes of this Code section, accident and sickness coverage shall be deemed available if the obligor has access to any policy of insurance authorized under Title 33 through an employer or other group health insurance plan.

If the accident and sickness insurance is deemed available at reasonable cost, the court shall order the obligor to obtain the coverage; provided, however, if the obligee has accident and sickness insurance for the child or children reasonably available at reasonable costs through employment related or other group health insurance policies, then the court may order that the child or children be covered under such insurance and the obligor contribute as part of the child support order such part of the cost of providing such insurance or such part of any medical expenses incurred on behalf of the child or children not covered by such insurance as the court may deem equitable or appropriate.

If currently unavailable or unreasonable in cost, the court shall order the obligor to obtain coverage when it becomes available at a reasonable cost, unless such insurance is provided by the obligee as provided in this subsection.

When support is awarded, the party who is required to pay the support shall not be liable to third persons for necessaries furnished to the children embraced in the verdict or decree

In any contested case, the parties shall submit to the court their proposed findings regarding the gross income of the father and the mother and the presence or absence of special circumstances.

In any case in which child support is determined by a jury, the court shall charge the provisions of this Code section and the jury shall be required to return a special interrogatory similar to the form of the order contained in Code Section 19-5-12 regarding the gross income of the father and the mother and the presence or absence of special circumstances.

Furthermore, nothing contained within this Code section shall prevent the parties from entering into an enforceable agreement to the contrary which may be made the order of the court pursuant to the review by the court of child support amounts contained in this Code section; provided, however, any such agreement of the parties shall include a written statement regarding the gross income of the father and the mother and the presence or absence of special circumstances in accordance with subsection (c) of this Code section.

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"Justice denied anywhere diminishes justice everywhere."
-Martin Luther King, Jr.