Teston & Burruss, PC

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Child Support

If you want your child support calculations to be done fairly, you need to hire an experienced Georgia family law attorney. Georgia laws about child support are complicated and vary from individual to individual depending on their circumstances.

Family Law Lawyers Versed in Georgia Child Support Laws

If your ex-spouse has not been paying child support, our child support lawyers can get a judgment for the amount that he or she has to pay. With a court judgment, our attorneys can garnish the wages of the non-paying parent. The lawyers at Teston & Burruss have spent years focusing on specific areas of family law, giving our law firm the ability to resolve any legal matter, anywhere in Georgia.

What Factors Can Complicate Child Support Amounts?

Every child support case in Georgia is different and is governed by various factors. In Georgia, state law mandates that both parents are financially responsible for the wellbeing of the child. How that works for each family differs. Whether establishing child support or attempting to make a modification, there are several factors that come into play. Knowing what those factors are helps parents prepare and understand their rights:

  • Parents Income: In child support calculations, each parents’ monthly income plays a major role
  • Pre-existing child support orders are calculated and can reduce a child support obligation.
  • Number of children: The more children at issue will increase the amount of supports a parent will have to pay.
  • Custodial time: Child support is dependent on what amount of time each parent spends with the child. The custodial parent is usually paid by the non-custodial parent. 
  • The Basic Obligation: Georgia’s child support formula is based on the Basic Child Support Obligation Schedule, which uses the factors noted above to determine the basic amount necessary to support a child or children. 
  • Health Insurance and Child Care: The basic obligation mentioned above could be adjusted due to factors like health insurance and childcare.
  • A substantial change: A substantial change in the existing situation of either of the parents or the child in question can be used to modify the child support amount. The courts have the ability to make changes to the child support amount for special needs or extenuating circumstances. For example, a child that has medical expenses or extraordinary needs for education may require more money for support.

What Factors Can Complicate Child Support Amounts?

Child support amount matters become more complex and difficult if:

  • You have a child with special needs.
  • You have a unique or custom-designed arrangement for child custody and visitation.
  • You are attempting to negotiate a settlement in a high asset divorce.
  • Your own or your spouse’s income is difficult to determine, possibly involving “non-W-2” income or any source of support that either spouse attempts not to reveal.

What Is Contempt?

If orders have been entered requiring your child’s mother or father to pay you child support and he or she fails to comply, then he or she is in contempt of court. A court has several options available to force the non-paying parent to pay. 

What If They Still Don’t Comply?

Failing to abide by the court’s orders can have serious consequences including:

  • Jail
  • Court-ordered payment plan
  • Monetary judgment
  • Attorney fees

If the spouse is unable to fulfill the orders due to financial or other extraordinary situations then the court may allow a compromise instead of penalties. However if he or she is avoiding or knowingly not complying then a family lawyer can help you get the enforcement you deserve.

When Child Support Modifications May Be Possible

If the financial circumstances of you or your spouse change, modification of your child support order is possible after your divorce. An out-of-court agreement will not be binding. Going to court is necessary to ensure that the change is documented, and you will not be held responsible for any missed payments.

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