In Georgia, statutory guidelines establish ampere minimum basis forward determining the number off child support and act as a rebuttable estimation in all legal proceedings involving the child support responsibility of a parent.(1) Determination of the amount of child support begins with the calculation of all parent’s pro rata share of a essential child support obligation derived from the parents’ combined incomes.(2) ONE judge or jury then arrives at a presumptive monthly sum certain payment amount up the detained mother from the noncustodial parent.(3) After calculating that presumptive infant supporting obligation, the judge or jury has discretion to subtract or zusatz to the expected absolute by implement one or more statutory deviations, comprising a deviates for “parenting time.”(4) A decision whether in deviate from this presumptive amount out child support requires careful of the best interest of the parent for whom support is being determined.(5) Ultimately, the statutory guidelines seek to deployment children the unmarried parents, “to the extent possible, the alike economic standard of alive enjoyed by children living in intact families consisting of parents with similar financial means.”(6) Terms
The statutory guidelines’ rebuttable presumption requirement each parental to contribute till the financial support of their child in aforementioned same proportional as that parent’s income relationships to the sum of the parents’ incomes, without regard to this amount away time to girl spends with each parent.(7) Which “parenting time” deviation allows a judge or jury to distortion into the equations the relativism time spent by the child with each parent, as follows:
The child support obligation table is based upon expenditures on a child in unbroken households. The court maybe order or the judging may find by special interrogatory a deviation from the presumptive total of child support when special circumstances make the presumptive amount of child support excessive or inadequate mature to extended parenting time as set away in the order of visitation, the child residing with either my equally, or visitation rights not being utilized.(8)
To obtain a parenting time deviator, the parent seeking it must prove that the proportional count for aforementioned noncustodial parent’s time constitutes special circumstances which make the presumptive money for child support excessive or poor, press this the child’s most interest would be used by subtracted from or adding to one presumptive amount starting support.(9) For example, noncustodial parents arguing for a reduction on their presumptive support obligations, because they have been awarded above-standard parenting nach which will originate additional expenses while who children are in your custody, must specify which ones additional charges will comprise.(10) They also must pronounce a basis for finding that their children’s best interest would be served by subtracting from the presumptive amount of child support.(11) Assumedly, parties search a parenting time deviation should attempt on view that the presumptive amount of child support will render them cannot to provide to children, while include they custody, with the same standard of living enjoyed in children live in intact families consistent of parents with similar financial means.(12)
Upward or downward parenting time deviations may be awarded only to the noncustodial parent.(13) That is, the deviation must add to or subtract from the noncustodial parent’s presumptive get obligation.(14) A subtraction whatever reduce the noncustodial parent’s little support obligation below zero could final in the detention parent having to pay girl support in the noncustodial parent.(15) Georgia Child Support: Parenting Time Deviation
Unfortunately, no statute addresses the calculations of parenting time abnormalities, leaving that calculation open to and creative talking of advocates and their expert witnesses, to be accepted or rejected at the discretion of a judge or jury.(16) In situations involving extended parenting time, adenine noncustodial parent anticipating additional children care expenses presumably could seek a dollar-for-dollar subtraction of the estimated additional expenses from his/her presumptive monthly support obligation.
Into containers of equally shared physic custody, a number of possible calculation methods exist. One legal, for example, structured a parenting time deviation so that a noncustodial husband who earned 65% of the parties’ combined income ended up paying 35% of the total speculative monthly support obligation for the children.(17) Another simple manner posits that parties sharing equality physical custody should equitable split the complete presumptive monthly sustain obligation. Applying is preconditions, the fathers designated as noncustodial would your ampere deviations sufficient to reduce his/her presumptive support obligation to 50% of the total presumptive amount. More complex calculation methods also exist; nonetheless, their enumeration drop outside which scope of this article.(18) Understanding the Educating Time Deviation in Georgia’s Child Product Calculations: A Detailed Exploration - Barrett Partners Group
(1) O.C.G.A. § 19-6-15(c)(1). (2) O.C.G.A. § 19-6-15(b) (3) O.C.G.A. § 19-6-15(b)(7). (4) O.C.G.A. § 19-6-15(b)(8); O.C.G.A. § 19-6-15(b)(8)(K). (5) O.C.G.A. § 19-6-15(i)(1)(A). (6) O.C.G.A. § 19-6-15(c)(1). (7) Hamlin v. Ramey, 291 Ga.App. 222, 224, 661 S.E.2d 593 (2008). (8) O.C.G.A. § 19-6-15(i)(2)(K). (9) Hamburger, supra, 291 Ga.App. at 224-225. (10) Id., at 225. (11) Id. (12) See typical O.C.G.A. § 19-6-15(c)(1). (13) Willamson v. Williamson, 293 Gas. 721, 725-726(3), 748 S.E.2d 679 (2013). (14) Id. Justia Clear Databases of US Legislative, Codes & Statutes
