GEORGIA CHILD SUPPORT GUIDELINES

Once again, the term "shall" surfaces and is very important to consider in viewing this section of the statute. Note also that child support is calculated as a percentage of the obligor's gross income, before any deductions come out of the paycheck. Understanding that, it is easier to understand how important is is for the parents to come to a workable solution to child support questions without leaving such matters to the court or a jury, who have little discretion.

O.C.G.A. § 19-6-15
(b) The child support award shall be computed as provided in this subsection:

1. Computation of child support shall be based upon gross income;
2. For the purpose of determining the obligor's child support obligation, gross income shall include 100 percent of wage and salary income and other compensation for personal services, interest, dividends, net rental income, self-employment income, and all other income, except need-based public assistance;
3. The earning capacity of an asset of a party available for child support may be used in determining gross income. The reasonable earning potential of an asset may be determined by multiplying its equity by a reasonable rate of interest. The amount generated by that calculation should be added to the obligor's gross monthly income;
4. Allowable expenses deducted to calculate self-employment income that personally benefit the obligor, or economic in-kind benefits received by an employed obligor, may be included in calculating the obligor's gross monthly income; and
5. The amount of the obligor's child support obligation shall be determined by multiplying the obligor's gross income per pay period by a percentage based on the number of children for whom child support is being determined. The applicable percentages of gross income to be considered by the trier of fact are:

Application of these guidelines shall create a rebuttable presumption that the amount of the support awarded is the correct amount of support to be awarded. A written finding or specific finding on the record for the award of child support that the application of the guidelines would be unjust or inappropriate in a particular case shall be sufficient to rebut the presumption in that case. Findings that rebut said presumption must state the amount of support that would have been required under the guidelines and include justification of why the order varies from the guidelines. These guidelines are intended by the General Assembly to be guidelines only and any court so applying these guidelines shall not abrogate its responsibility in making the final determination of child support based on the evidence presented to it at the time of trial.

(c) The trier of fact shall vary the final award of child support, up or down, from the range enumerated in paragraph (5) of subsection (b) of this Code section upon a written finding that the presence of one or more of the following special circumstances makes the presumptive amount of support either excessive or inadequate:

1. Ages of the children;
2. A child's extraordinary medical costs or needs in addition to accident and sickness insurance, provided that all such costs or needs shall be considered if no insurance is available;
3. Educational costs;
4. Day-care costs;
5. Shared physical custody arrangements, including extended visitation;
6. A party's other support obligations to another household;
7. Income that should be imputed to a party because of suppression of income;
8. In-kind income for the self-employed, such as reimbursed meals or a company car;
9. Other support a party is providing or will be providing, such as payment of a mortgage;
10. A party's own extraordinary needs, such as medical expenses;
11. Extreme economic circumstances including but not limited to:
    • Unusually high debt structure; or
    • Unusually high income of either party or both parties, which shall be construed as individual gross income of over $75,000.00 per annum;
12. Historical spending in the family for children which varies significantly from the percentage table;
13. Considerations of the economic cost-of-living factors of the community of each party, as determined by the trier of fact;
14. In-kind contribution of either parent;
15. The income of the custodial parent;
16. The cost of accident and sickness insurance coverage for dependent children included in the order;
17. Extraordinary travel expenses to exercise visitation or shared physical custody; and
18. Any other factor which the trier of fact deems to be required by the ends of justice.

(d) The guidelines shall be reviewed by a commission appointed by the Governor to ensure that their application results in the determination of appropriate child support award amounts. The commission will complete its review and submit its report within four years following July 1, 1989, and shall continue such reviews every four years thereafter. Nothing contained in such report shall be considered to authorize or require a change in the guidelines without action by the General Assembly having the force and effect of law.

(e) The duty to provide support for a minor child shall continue until the child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs; provided, however, that, in any temporary or final order for child support with respect to any proceeding for divorce, separate maintenance, legitimacy, or paternity entered on or after July 1, 1992, the trier of fact, in the exercise of sound discretion, may direct either or both parents to provide financial assistance to a child who has not previously married or become emancipated, who is enrolled in and attending a secondary school, and who has attained the age of majority before completing his or her secondary school education, provided that such financial assistance shall not be required after a child attains 20 years of age. The provisions for support provided in this subsection may be enforced by either parent or the child for whose benefit the support is ordered.

(f) The provisions of subsection (e) of this Code section shall be applicable only to a temporary order or final decree for divorce, separate maintenance, legitimation, or paternity entered on or after July 1, 1992, and the same shall be applicable to an action for modification of a decree entered in such an action entered on or after July 1, 1992, only upon a showing of a significant change of material 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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