06 SB382/FA/2
Senate
Bill 382
By:
Senators Harp of the 29th and Hill of the 32nd
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Titles 5, 7, and 19 of the Official Code of Georgia Annotated, relating
respectively to appeal and error, banking and finance, and domestic relations,
so as to change provisions relating to the calculation of child support; to
clarify the direct appeal process in certain domestic relations cases; to
clarify the calculation of the amount of interest on arrearage of child support;
to clarify definitions; to provide guidelines for determining the amount of
child support to be paid; to change provisions relating to guidelines for
calculating child support; to reorganize Code Section 19-6-15, relating to
guidelines for calculating child support, to provide more clarity on the
application of such child support; to allow a jury to determine deviations; to
provide calculation of parenting time; to provide for definitions; to provide
for headings to better structure the Code section; to provide for the Child
Support Obligation Table; to change certain provisions relating to the duties of
the Georgia Child Support Commission; to provide for related matters; to provide
for applicability and an effective date; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
5 of the Official Code of Georgia Annotated, relating to appeal and error, is
amended by striking subsection (a) of Code Section 5-6-35, relating to cases
requiring application for appeal, and inserting in its place the
following:
"(a)
Appeals in the following cases shall be taken as provided in this Code
section:
(1)
Appeals from decisions of the superior courts reviewing decisions of the State
Board of
Workerś
Compensation, the State Board of Education, auditors, state and local
administrative agencies, and lower courts by certiorari or de novo proceedings;
provided, however, that this provision shall not apply to decisions of the
Public Service Commission and probate courts and to cases involving ad valorem
taxes and condemnations;
(2)
Appeals from judgments or orders in divorce, alimony, child custody, and other
domestic relations cases including, but not limited to, granting or refusing a
divorce,
or
temporary or permanent alimony,
or temporary
child support; awarding or refusing to
change child
custody,;
or holding or declining to hold persons in contempt of such alimony or child
custody judgment or
orders, except
that all final child support orders shall be directly appealable as provided in
paragraph (9) of subsection (a) of Code Section
5-6-34;
(3)
Appeals from cases involving distress or dispossessory warrants in which the
only issue to be resolved is the amount of rent due and such amount is $2,500.00
or less;
(4)
Appeals from cases involving garnishment or attachment, except as provided in
paragraph (5) of subsection (a) of Code Section 5-6-34;
(5)
Appeals from orders revoking probation;
(6)
Appeals in all actions for damages in which the judgment is $10,000.00 or
less;
(7)
Appeals, when separate from an original appeal, from the denial of an
extraordinary motion for new trial;
(8)
Appeals from orders under subsection (d) of Code Section 9-11-60 denying a
motion to set aside a judgment or under subsection (e) of Code Section 9-11-60
denying relief upon a complaint in equity to set aside a judgment;
(9)
Appeals from orders granting or denying temporary restraining
orders;
(10)
Appeals from awards of
attorneýs
fees or expenses of litigation under Code Section 9-15-14; and
(11)
Appeals from decisions of the state courts reviewing decisions of the magistrate
courts by de novo proceedings so long as the subject matter is not otherwise
subject to a right of direct
appeal."
SECTION
2.
Title
7 of the Official Code of Georgia Annotated, relating to banking and finance, is
amended by striking in its entirety Code Section 7-4-12.1, relating to interest
on arrearage of child support, and inserting in lieu thereof the
following:
"7-4-12.1.
(a)
All awards of child support expressed in monetary amounts shall accrue interest
at the rate of 7 percent per annum commencing 30 days from the day such award or
payment is due. This Code section shall apply to all awards, court orders,
decrees, and judgments rendered pursuant to Title 19. It shall not be necessary
for the party to whom the child support is due to reduce any such award to
judgment in order to recover such interest. The court shall have discretion in
applying or waiving past due interest.
In determining
whether to apply, waive, or reduce the amount of interest owed, the Court shall
consider whether:
(1)
Good cause existed for the nonpayment of the child support;
(2)
Payment of the interest would result in substantial and unreasonable hardship
for the parent owing the interest;
(3)
Applying, waiving, or reducing the interest would enhance or detract from the
parent́s
current ability to pay child support, including the consideration of the
regularity of payments made for current child support of those dependents for
whom support is owed; and
(4)
The waiver of reduction of interest would result in substantial and unreasonable
hardship to the parent to whom interest is owed.
(b)
This Code section shall not be construed to abrogate the authority of a IV-D
agency to waive, reduce, or negotiate a settlement of unreimbursed public
assistance in accordance with subsection (b) of Code Section
19-11-5."
SECTION
3.
Title
19 of the Official Code of Georgia Annotated, relating to domestic relations, is
amended by striking subsection (c) of Code Section 19-5-12, relating to form of
judgment and decree in divorce actions, and inserting in lieu thereof a new
subsection (c) to read as follows:
"(c)
In any case which involves the determination of child support, the form of the
judgment shall also include provisions indicating both
partieś
incomes
parentś
income, the number of children for which
support is being provided, the presumptive
amount of
child support award calculation, and, if
the presumptive
award
amount of
child support is rebutted, the award
amount and the basis for the rebuttal award.
The final
judgment shall have attached to it the child support worksheet containing the
calculation of the final award of child support. The final judgment shall
specify a sum certain amount of child support to be
paid."
SECTION
4.
Said
title is further amended by striking in its entirety Code Section 19-6-15,
relating to guidelines for calculating child support, and inserting in lieu
thereof a new Code Section 19-6-15 to read as follows:
"19-6-15.
(a)
Definitions.
As used in this Code section, the term:
(1)
'Adjusted Child Support Obligation' means the Basic Child Support Obligation
adjusted by the Parenting Time Adjustment, if applicable, Health Insurance, and
Work Related Child Care Costs.
(2)
'Adjusted Income' means the determination of a
Parent́s
income, calculated by deducting from that
Parent́s
Gross Income one-half of the amount of any applicable self-employment taxes
being paid by the Parent, any Preexisting Order for current child support which
is being paid by the Parent, and any Theoretical Child Support Order for other
Qualified Children, if allowed by the Court. For further reference see
paragraph (5) of subsection (f) of this Code section.
(3)
'Basic Child Support Obligation' means the amount of support displayed on the
Child Support Obligation Table which corresponds to the Combined Adjusted Income
of the Custodial Parent and the Noncustodial Parent and the number of children
for whom child support is being determined. This amount is rebuttably presumed
to be the appropriate amount of child support to be provided by the Custodial
Parent and the Noncustodial Parent prior to consideration of percentage of
income, Parenting Time Adjustments, Health Insurance, Work Related Child Care
Costs, and Deviations.
(4)
'Child' means child or children.
(5)
'Child Support Enforcement Agency' means the Child Support Enforcement Agency
within the Department of Human Resources.
(6)
'Child Support Obligation Table' means the chart which displays the dollar
amount of the Basic Child Support Obligation corresponding to various levels of
Combined Adjusted Income of the
childreńs
Parents and the number of children for whom a child support order is being
established or modified. The Child Support Obligation Table shall be used to
calculate the Basic Child Support Obligation according to the provisions of this
Code section. For further reference see subsections (n) and (o) of this Code
section.
(7)
'Combined Adjusted Income' means the amount of Adjusted Income of the Custodial
Parent added to the amount of Adjusted Income of the Noncustodial
Parent.
(8)
'Court' means a judge of any Court of record or an administrative law judge of
the Office of State Administrative Hearings.
(9)
'Custodial Parent' means the Parent with whom the Child resides more than 50
percent of the time. Where a Custodial Parent has not been designated or where
a Child resides with both Parents an equal amount of time, the Court shall
designate the Custodial Parent as the Parent with the lesser support obligation
and the other Parent as the Noncustodial Parent. Where the Child resides equally
with both Parents and neither Parent can be determined as owing a greater amount
than the other, the Court shall determine which Parent to designate as the
Custodial Parent for the purpose of this Code section.
(10)
'Deviation' means an increase or decrease from the Presumptive Amount of Child
Support if the presumed order is rebutted by evidence and the required findings
of fact are made by the Court pursuant to subsection (i) of this Code
section.
(11)
'Final Child Support Order' means the Presumptive Amount of Child Support
adjusted by any Deviations.
(12)
'Gross Income' means all income to be included in the calculation of child
support as set forth in subsection (f) of this Code section.
(13)
'Health Insurance' means any general health or medical policy. For further
reference see paragraph (2) of subsection (h) of this Code section.
(14)
'Noncustodial Parent' means the Parent with whom the Child resides less than 50
percent of the time or the Parent who has the greater payment obligation for
child support. Where the Child resides equally with both Parents and neither
Parent can be determined as owing a lesser amount than the other, the Court
shall determine which Parent to designate as the Noncustodial Parent for the
purpose of this Code section.
(15)
'Nonparent Custodian' means an individual who has been granted legal custody of
a Child, or an individual who has a legal right to seek, modify, or enforce a
child support order.
(16)
'Parent' means a person who owes a Child a duty of support pursuant to Code
Section 19-7-2.
(17)
'Parenting Time Adjustment' means an adjustment to the Noncustodial
Parent́s
portion of the Basic Child Support Obligation based upon the Noncustodial
Parent́s
court ordered visitation with the Child. For further reference see subsection
(g) of this Code section.
(18)
'Preexisting Order' means:
(A)
An order in another case that requires a Parent to make child support payments
for another Child, which child support the Parent is actually paying, as
evidenced by documentation as provided in division (f)(5)(B)(iii) of this Code
section; and
(B)
That the date of filing of the initial order for each such other case is earlier
than the date of filing of the initial order in the case immediately before the
Court, regardless of the age of any Child in any of the cases.
(19)
'Presumptive Amount of Child Support' means the Basic Child Support Obligation
and the Parenting Time Adjustment, if applicable, Health Insurance, and Work
Related Child Care Costs.
(20)
A 'Qualified Child' or 'Qualified Children' means any Child:
(A)
For whom the Parent is legally responsible and in whose home the Child resides;
(B) That the Parent is actually supporting;
(C)
Who is not subject to a Preexisting Child Support Order; and
(D)
Who is not before the Court to set, modify, or enforce support in the case
immediately under consideration.
Qualified
Children shall not include stepchildren or other minors in the home that the
Parent has no legal obligation to support.
(21)
'Split Parenting' can occur in a child support case only if there are two or
more children of the same Parents, where one Parent is the Custodial Parent for
at least one Child of the Parents, and the other Parent is the Custodial Parent
for at least one other Child of the Parents. In a Split Parenting case, each
Parent is the Custodial Parent of any Child spending more than 50 percent of the
time with that Parent and is the Noncustodial Parent of any Child spending more
than 50 percent of the time with the other Parent. A Split Parenting situation
shall have two Custodial Parents and two Noncustodial Parents, but no Child
shall have more than one Custodial Parent or Noncustodial Parent.
(22)
'Theoretical Child Support Order' means a hypothetical child support order for
Qualified Children calculated as set forth in subparagraph (f)(5)(C) of this
Code section which allows the Court to determine the amount of child support as
if a child support order existed.
(23)
'Uninsured Health Care Expenses' means a
Child́s
uninsured medical expenses including, but not limited to, Health Insurance
copayments, deductibles, and such other costs as are reasonably necessary for
orthodontia, dental treatment, asthma treatments, physical therapy, vision care,
and any acute or chronic medical or health problem or mental health illness,
including counseling and other medical or mental health expenses, that are not
covered by insurance. For further reference see paragraph (3) of subsection (h)
of this Code section.
(24)
'Work Related Child Care Costs' means expenses for the care of the Child for
whom support is being determined which are due to employment of either Parent.
In an appropriate case, the Court may consider the child care costs associated
with a
Parent́s
job search or the training or education of a Parent necessary to obtain a job or
enhance earning potential, not to exceed a reasonable time as determined by the
Court, if the Parent proves by a preponderance of the evidence that the job
search, job training, or education will benefit the Child being supported. The
term shall be projected for the next consecutive 12 months and averaged to
obtain a monthly amount. For further reference see paragraph (1) of subsection
(h) of this Code section.
(25)
'Worksheet' or 'Child Support Worksheet' means the Worksheet used to record
information necessary to determine and calculate child support. In Child
Support Enforcement Agency cases in which neither Parent prepared a Worksheet,
the Court may rely solely on the Worksheet prepared by the Child Support
Enforcement Agency as a basis for its order. For further reference see
subsection (m) of this Code section.
(b)
Process of calculating
child support. Pursuant to this Code
section, the determination of child support shall be calculated as
follows:
(1)
Determine the Gross Income of both the Custodial Parent and the Noncustodial
Parent. This may include imputed income, if applicable. The determination of
Gross Income shall be entered on the Child Support Schedule A – Gross
Income;
(2)
Adjust each
Parent́s
Gross Income by deducting the following from the
Parentś
Gross Income, and entering it on the Child Support Schedule B – Adjusted
Income if any of the following apply:
(A)
One-half of the amount of self-employment taxes;
(B)
Preexisting Orders; and
(C)
Theoretical Child Support Order for Qualified Children, if allowed by the
Court;
(3)
Add each
Parent́s
Adjusted Income together to compute the Combined Adjusted Income;
(4)
Locate the Basic Child Support Obligation by referring to the Child Support
Obligation Table. Using the figure closest to the amount of the Combined
Adjusted Income, locate the monthly amount of the Basic Child Support Obligation
in the column underneath the number of children for whom support is being
determined. If the monthly Combined Adjusted Income falls between the amounts
shown in the table, then the Basic Child Support Obligation shall be based on
the income bracket most closely matched to the monthly Combined Adjusted
Income;
(5)
Calculate the pro rata share of the Basic Child Support Obligation for the
Custodial Parent and the Noncustodial Parent by dividing the Combined Adjusted
Income into each
Parent́s
Adjusted Income to arrive at each
Parent́s
pro rata percentage of the Basic Child Support Obligation;
(6)
Make the Parenting Time Adjustment, if applicable, to the Basic Child Support
Obligation based upon the calculation of the Noncustodial
Parent́s
court ordered visitation with the Child. The Parenting Time Adjustment shall be
entered on the Child Support Schedule C – Parenting Time
Adjustment;
(7)
Find the Adjusted Child Support Obligation amount by adding the additional
expenses of the costs of Health Insurance and Work Related Child Care Costs,
prorating such expenses in accordance with each
Parent́s
pro rata share of the obligation and adding such expenses to the pro rata share
of the obligation. The monthly cost of health insurance premiums and Work
Related Child Care Costs shall be entered on the Child Support Schedule D
– Additional Expenses. The pro rata share of the Basic Child Support
Obligation and the pro rata share of the combined additional expenses shall be
added together to create the Adjusted Child Support Obligation;
(8)
Determine the Presumptive Amount of Child Support for the Custodial Parent and
the Noncustodial Parent resulting in a sum certain single payment due to the
Custodial Parent by assigning or deducting credit for actual payments for Health
Insurance and Work Related Child Care Costs;
(9)
In accordance with subsection (i) of this Code section, deviations subtracted
from or increased to the Presumptive Amount of Child Support are applied, if
applicable, and if supported by the required findings of fact and application of
the best interest of the child standard. The proposed Deviations shall be
entered on the Child Support Schedule E – Deviations. In the
Court́s
or the
jurýs
discretion, Deviations may include, but are not limited to, the
following:
(A)
High income;
(B)
Low income;
(C)
Other health related insurance;
(D)
Child and dependent care tax credit;
(E)
Travel expenses;
(F)
Alimony;
(G)
Mortgage;
(H)
Permanency plan or foster care plan;
(I)
Extraordinary expenses; and
(J)
Nonspecific deviations;
(10)
The Final Child Support Order shall be the Presumptive Amount of Child Support
as increased or decreased by Deviations. The final child support amount for
each Parent shall be entered on the Child Support Worksheet, together with the
information from each of the utilized schedules;
(11)
In addition, the Parents shall allocate the Uninsured Health Care Expenses which
shall be based on the pro rata responsibility of the Parents or as otherwise
ordered by the Court. Each
Parent́s
pro rata responsibility for Uninsured Health Care Expenses shall be entered on
the Child Support Worksheet; and
(12)
In a Split Parenting case, there shall be a separate calculation and Final Child
Support Order for each Parent.
(c)
Applicability and
required findings.
(1)
The child support guidelines contained in this Code section are a minimum basis
for determining the amount of child support and shall apply as a rebuttable
presumption in all legal proceedings involving the child support responsibility
of a Parent. This Code section shall be used when the Court enters a temporary
or permanent child support order in a contested or noncontested hearing. The
rebuttable Presumptive Amount of Child Support provided by this Code section may
be increased according to the best interest of the Child for whom support is
being considered, the circumstances of the parties, the grounds for Deviation
set forth in subsection (i) of this Code section, and to achieve the state
policy of affording to children of unmarried Parents, to the extent possible,
the same economic standard of living enjoyed by children living in intact
families consisting of Parents with similar financial means.
(2)
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
authorized by subsection (e) of this Code section. In the final judgment or
decree in a divorce case in which there are minor children, or in other cases
which are governed by the provisions of this Code section, the Court shall:
(A)
Specify in what sum certain amount and from which Parent the Child is entitled
to permanent support as determined by use of the Worksheet;
(B)
Specify as required by Code Section 19-5-12 in what manner, how often, to whom,
and until when the support shall be paid;
(C)
Include a written finding of the
Parent́s
Gross Income as determined by the Court or the jury;
(D)
Determine whether Health Insurance for the Child involved is reasonably
available at a reasonable cost to either Parent. If the Health Insurance is
reasonably available at a reasonable cost to the Parent, then the Court may
order that the Child be covered under such Health Insurance;
(E)
Include written findings of fact as to whether one or more of the Deviations
allowed under this Code section are applicable, and if one or more such
Deviations are applicable as determined by the Court or the jury, the written
findings of fact shall further set forth:
(i)
The reasons the Court or the jury deviated from the Presumptive Amount of Child
Support;
(ii)
The amount of child support that would have been required under this Code
section if the Presumptive Amount of Child Support had not been rebutted;
and
(iii)
A finding that states how the
Court́s
or the
jurýs
application of the child support guidelines would be unjust or inappropriate
considering the relative ability of each Parent to provide support and how the
best interest of the Child who is subject to the child support determination is
served by Deviation from the Presumptive Amount of Child Support;
(F)
Specify the amount of the Noncustodial Parent’s Days as set forth in the
order of visitation; and
(G)
Specify the percentage of Uninsured Health Care Expenses for which each Parent
shall be responsible.
(3)
When child support is ordered, the party who is required to pay the child
support shall not be liable to third persons for necessaries furnished to the
Child embraced in the judgment or decree. In all cases, the parties shall
submit to the Court their Worksheets and schedules and the presence or absence
of other factors to be considered by the Court pursuant to the provisions of
this Code section.
(4)
In any case in which the Gross Income of the Custodial Parent and the
Noncustodial Parent is determined by a jury, the Court shall charge the
provisions of this Code section applicable to the determination of Gross Income.
The jury shall be required to return a special interrogatory determining Gross
Income. Based upon the
jurýs
verdict as to Gross Income, the Court shall determine the Presumptive Amount of
Child Support in accordance with the provisions of this Code section. The Court
shall inform the jury of the Presumptive Amount of Child Support and the
identity of the Custodial and Noncustodial Parents. In the final instructions
to the jury, the Court shall charge the provisions of this Code section
applicable to the determination of Deviations and the jury shall be required to
return a special interrogatory as to Deviations and the final award of child
support. The Court shall include its findings and the
jurýs
verdict on the Child Support Worksheet in accordance with this Code section and
Code Section 19-5-12.
(5)
Nothing contained within this Code section shall prevent the parties from
entering into an enforceable agreement contrary to the Presumptive Amount of
Child Support which may be made the order of the Court pursuant to review by the
Court of the adequacy of the child support amounts negotiated by the parties,
including the provision for medical expenses and Health Insurance; provided,
however, that if the agreement negotiated by the parties does not comply with
the provisions contained in this Code section and does not contain findings of
fact as required to support a Deviation, the Court shall reject such
agreement.
(6)
In any case filed pursuant to Chapter 11 of this title, relating to the 'Child
Support Recovery Act,' the 'Uniform Reciprocal Enforcement of Support Act,' or
the 'Uniform Interstate Family Support Act,' the Court shall make all
determinations of fact, including Gross Income and Deviations, and a jury shall
not hear any issue related to such cases.
(d)
Nature of guidelines;
Court́s
discretion. In the event of a hearing or
trial on the issue of child support, the guidelines enumerated in this Code
section 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 the hearing or trial.
(e)
Duration of child
support responsibility. 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, final, or modified order for child
support with respect to any proceeding for divorce, separate maintenance,
legitimacy, or paternity entered on or after July 1, 1992, the Court, 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 child support provided in
this subsection may be enforced by either Parent, by any Nonparent Custodian, by
a guardian appointed to receive child support for the Child for whose benefit
the child support is ordered, or by the Child for whose benefit the child
support is ordered.
(f)
Gross
Income.
(1)
INCLUSION TO
GROSS INCOME.
(A)
ATTRIBUTABLE
INCOME. Gross Income of each Parent shall
be determined in the process of setting the Presumptive Amount of Child Support
and shall include all income from any source, before deductions for taxes and
other deductions such as Preexisting Orders for child support and credits for
other Qualified Children, whether earned or unearned, and includes, but is not
limited to, the following:
(i)
Salaries;
(ii)
Commissions, fees, and tips;
(iii)
Income from self-employment;
(iv)
Bonuses;
(v)
Overtime payments;
(vi)
Severance pay;
(vii)
Recurring income from pensions or retirement plans including, but not limited
to,
Veteranś
Administration, Railroad Retirement Board, Keoghs, and individual retirement
accounts;
(viii)
Interest income;
(ix)
Dividend income;
(x)
Trust income;
(xi)
Income from annuities;
(xii)
Capital gains;
(xiii)
Disability or retirement benefits that are received from the Social Security
Administration pursuant to Title II of the federal Social Security
Act;
(xiv)
Workerś
compensation benefits, whether temporary or permanent;
(xv)
Unemployment insurance benefits;
(xvi)
Judgments recovered for personal injuries and awards from other civil
actions;
(xvii)
Gifts that consist of cash or other liquid instruments, or which can be
converted to cash;
(xviii)
Prizes;
(xix)
Lottery winnings;
(xx)
Alimony or maintenance received from persons other than parties to the
proceeding before the Court; and
(xxi)
Assets which are used for the support of the family.
(B)
SELF-EMPLOYMENT
INCOME. Income from self-employment
includes income from, but not limited to, business operations, work as an
independent contractor or consultant, sales of goods or services, and rental
properties, less ordinary and reasonable expenses necessary to produce such
income. Income from self-employment, rent, royalties, proprietorship of a
business, or joint ownership of a partnership, limited liability company, or
closely held corporation is defined as gross receipts minus ordinary and
necessary expenses required for self-employment or business operations.
Ordinary and reasonable expenses of self-employment or business operations
necessary to produce income do not include:
(i)
Excessive promotional, travel, vehicle, or personal living expenses,
depreciation on equipment, or costs of operation of home offices;
or
(ii)
Amounts allowable by the Internal Revenue Service for the accelerated component
of depreciation expenses, investment tax credits, or any other business expenses
determined by the Court or the jury to be inappropriate for determining Gross
Income.
In
general, income and expenses from self-employment or operation of a business
should be carefully reviewed by the Court or the jury to determine an
appropriate level of Gross Income available to the Parent to satisfy a child
support obligation. Generally, this amount will differ from a determination of
business income for tax purposes.
(C)
FRINGE
BENEFITS. Fringe benefits for inclusion
as income or 'in kind' remuneration received by a Parent in the course of
employment, or operation of a trade or business, shall be counted as income if
the benefits significantly reduce personal living expenses. Such fringe
benefits might include, but are not limited to, use of a company car, housing,
or room and board. Basic allowance for housing and subsistence and variable
housing allowances for members of the armed services shall be considered income
for the purposes of determining child support. Fringe benefits do not include
employee benefits that are typically added to the salary, wage, or other
compensation that a Parent may receive as a standard added benefit, including,
but not limited to, employer paid portions of Health Insurance premiums or
employer contributions to a retirement or pension plan.
(D)
VARIABLE
INCOME. Variable income such as
commissions, bonuses, overtime pay, and dividends shall be averaged by the Court
or the jury over a reasonable period of time consistent with the circumstances
of the case and added to a
Parent́s
fixed salary or wages to determine Gross Income. When income is received on an
irregular, nonrecurring, or one-time basis, the Court or the jury may, but is
not required to, average or prorate the income over a reasonable specified
period of time or require the Parent to pay as a one-time support amount a
percentage of his or her nonrecurring income, taking into consideration the
percentage of recurring income of that Parent.
(2)
EXCLUSIONS FROM
GROSS INCOME. Excluded from Gross Income
are the following:
(A)
Child support payments received by either Parent for the benefit of a Child of
another relationship;
(B)
Benefits received from means-tested public assistance programs such as, but not
limited to:
(i)
PeachCare for Kids Program, temporary assistance for needy families, or similar
programs in other states or territories under Title IV-A of the federal Social
Security Act;
(ii)
Food stamps or the value of food assistance provided by way of electronic
benefits transfer procedures by the Department of Human Resources;
(iii)
Supplemental security income received under Title XVI of the federal Social
Security Act;
(iv)
Benefits received under Section 402(d) of the federal Social Security Act for
disabled adult children of deceased disabled workers; and
(v)
Low income heating and energy assistance program payments; and
(C)
A Nonparent
Custodiańs
Gross Income.
(3)
SOCIAL SECURITY
BENEFITS.
(A)
Benefits received under Title II of the federal Social Security Act by a Child
on the
obligoŕs
account shall be counted as child support payments and shall be applied against
the Final Child Support Order to be paid by the obligor for the
Child.
(B)
After calculating the
obligoŕs
Gross Income, including the countable Social Security benefits as specified in
division (1)(A)(xiii) of this subsection, and after calculating the amount of
child support, if the Presumptive Amount of Child Support is greater than the
Social Security benefits paid on behalf of the Child on the
obligoŕs
account, the obligor shall be required to pay the amount exceeding the Social
Security benefit as part of the Final Child Support Order in the
case.
(C)
After calculating the
obligoŕs
Gross Income, including the countable Social Security benefits as specified in
division (1)(A)(xiii) of this subsection, and after calculating the amount of
child support, if the Presumptive Amount of Child Support is equal to or less
than the Social Security benefits paid to the Nonparent Custodian or Custodial
Parent on behalf of the Child on the
obligoŕs
account, the child support responsibility of that Parent is met and no further
child support shall be paid.
(D)
Any benefit amounts under Title II of the federal Social Security Act as
determined by the Social Security Administration sent to the Nonparent Custodian
or Custodial Parent by the Social Security Administration for the
Child́s
benefit which are greater than the Final Child Support Order shall be retained
by the Nonparent Custodian or Custodial Parent for the
Child́s
benefit and shall not be used as a reason for decreasing the Final Child Support
Order or reducing arrearages.
(E)
The Court shall make a written finding of fact in the Final Child Support Order
regarding the use of Social Security benefits in the calculation of the child
support.
(4)
RELIABLE
EVIDENCE OF INCOME.
(A)
IMPUTED
INCOME. When establishing the amount of
child support, if a Parent fails to produce reliable evidence of income, such as
tax returns for prior years, check stubs, or other information for determining
current ability to pay child support or ability to pay child support in prior
years, and the Court or the jury has no other reliable evidence of the
Parent́s
income or income potential, Gross Income for the current year shall be
determined by imputing Gross Income based on a 40 hour workweek at minimum
wage.
(B)
MODIFICATION.
When cases with established orders are reviewed for modification and a Parent
fails to produce reliable evidence of income, such as tax returns for prior
years, check stubs, or other information for determining current ability to pay
child support or ability to pay child support in prior years, and the Court has
no other reliable evidence of that
Parent́s
income or income potential, the Court may enter an order to increase the child
support of the Parent failing or refusing to produce evidence of income by an
increment of at least 10 percent per year of that
Parent́s
pro rata share of the Basic Child Support Obligation for each year since the
Final Child Support Order was entered or last modified.
(C)
REHEARING.
If income is imputed pursuant to subparagraph (A) of this paragraph, the party
believing the income of the other party is higher than the amount imputed may
provide within 90 days, upon motion to the Court, evidence necessary to
determine the appropriate amount of child support based upon reliable evidence.
A hearing shall be scheduled after the motion is filed. The Court may increase,
decrease, or the amount of current child support may remain the same from the
date of filing of either
Parent́s
initial filing or motion for reconsideration. While the motion for
reconsideration is pending, the obligor shall be responsible for the amount of
child support originally ordered. Arrearages entered in the original child
support order based upon imputed income shall not be forgiven. When there is
reliable evidence to support a motion for reconsideration of the amount of
income imputed, the party shall not be required to demonstrate the existence of
a significant variance or other such factors required for modification of an
order pursuant to subsection (k) of this Code section.
(D)
WILLFUL
OR VOLUNTARY UNEMPLOYMENT OR
UNDEREMPLOYMENT. In determining whether a
Parent is willfully or voluntarily unemployed or underemployed, the Court or the
jury shall ascertain the reasons for the
Parent́s
occupational choices and assess the reasonableness of these choices in light of
the
Parent́s
responsibility to support his or her Child and whether such choices benefit the
Child. A determination of willful or voluntary unemployment or underemployment
shall not be limited to occupational choices motivated only by an intent to
avoid or reduce the payment of child support but can be based on any intentional
choice or act that affects a
Parent́s
income. In determining willful or voluntary unemployment or underemployment,
the Court may examine whether there is a substantial likelihood that the Parent
could, with reasonable effort, apply his or her education, skills, or training
to produce income. Specific factors for the Court to consider when determining
willful or voluntary unemployment or underemployment include, but are not
limited to:
(i)
The
Parent́s
past and present employment;
(ii)
The
Parent́s
education and training;
(iii)
Whether unemployment or underemployment for the purpose of pursuing additional
training or education is reasonable in light of the
Parent́s
responsibility to support his or her Child and, to this end, whether the
training or education may ultimately benefit the Child in the case immediately
under consideration by increasing the
Parent́s
level of support for that Child in the future;
(iv)
A
Parent́s
ownership of valuable assets and resources, such as an expensive home or
automobile, that appear inappropriate or unreasonable for the income claimed by
the Parent;
(v)
The
Parent́s
own health and ability to work outside the home; and
(vi)
The
Parent́s
role as caretaker of a Child of that Parent, a disabled or seriously ill Child
of that Parent, or a disabled or seriously ill adult Child of that Parent, or
any other disabled or seriously ill relative for whom that Parent has assumed
the role of caretaker, which eliminates or substantially reduces the
Parent́s
ability to work outside the home, and the need of that Parent to continue in the
role of caretaker in the future. When considering the income potential of a
Parent whose work experience is limited due to the caretaker role of that
Parent, the Court shall consider the following factors:
(I)
Whether the Parent acted in the role of full-time caretaker immediately prior to
separation by the married parties or prior to the divorce or annulment of the
marriage or dissolution of another relationship in which the Parent was a
full-time caretaker;
(II)
The length of time the Parent staying at home has remained out of the workforce
for this purpose;
(III)
The
Parent́s
education, training, and ability to work; and
(IV)
Whether the Parent is caring for a Child who is four years of age or younger. If
the Court or the jury determines that a Parent is willfully or voluntarily
unemployed or underemployed, child support shall be calculated based on a
determination of earning capacity, as evidenced by educational level or previous
work experience. In the absence of any other reliable evidence, income may be
imputed to the Parent pursuant to a determination that Gross Income for the
current year is based on a 40 hour workweek at minimum wage. A determination of
willful and voluntary unemployment or underemployment shall not be made when an
individual is activated from the National Guard or other armed forces unit or
enlists or is drafted for full-time service in the armed forces of the United
States.
(5)
ADJUSTMENTS TO
GROSS INCOME.
(A)
SELF-EMPLOYMENT. One-half of the
self-employment and Medicare taxes shall be calculated as follows:
(i)
Six and one-quarter percent of self-employment income up to the maximum amount
to which federal old age, survivors, and disability insurance (OASDI) applies;
plus
(ii)
One and forty-five one-hundredths of a percent of self-employment income for
Medicare
and
this amount shall be deducted from a self-employed
Parent́s
Gross Income.
(B)
PREEXISTING
ORDERS. An adjustment to the
Parent́s
Gross Income shall be made on the Child Support Schedule B – Adjusted
Income for current Preexisting Orders actually being paid under an order of
support for a period of not less than 12 consecutive months immediately prior to
the date of the hearing or such period that an order has been in effect if less
than 12 months prior to the date of the hearing before the Court to set, modify,
or enforce child support.
(i)
In calculating the adjustment for Preexisting Orders, the Court shall include
only those Preexisting Orders where the date of entry of the initial support
order precedes the date of entry of the initial order in the case immediately
under consideration;
(ii)
The priority for Preexisting Orders shall be determined by the date of the
initial order in each case. Subsequent modifications of the initial support
order shall not affect the priority position established by the date of the
initial order. In any modification proceeding, the Court rendering the decision
shall make a specific finding of the date of the initial order of the
case;
(iii)
Adjustments shall be allowed for current preexisting support only to the extent
that the payments are actually being paid as evidenced by documentation
including, but not limited to, payment history from a court clerk, a IV-D
agency, as defined in Code Section 19-6-31, the Child Support Enforcement
Agencýs
computer data base, the child support payment history, or canceled checks or
other written proof of payments paid directly to the other Parent. The maximum
credit allowed for a Preexisting Order is an average of the amount of current
support actually paid under the Preexisting Order over the past 12 months prior
to the hearing date;
(iv)
All Preexisting Orders shall be entered on the Child Support Schedule
B – Adjusted Income for the purpose of calculating the total
amount of the credit to be included on the Child Support Worksheet;
and
(v)
Payments being made by a Parent on any arrearages shall not be considered
payments on Preexisting Orders or subsequent orders and shall not be used as a
basis for reducing Gross Income.
(C)
THEORETICAL
CHILD SUPPORT ORDERS. In addition to the
adjustments to Gross Income for self-employment taxes provided in subparagraph
(A) of this paragraph and for Preexisting Orders provided in subparagraph (B) of
this paragraph, credits for either
Parent́s
other Qualified Child living in the
Parent́s
home for whom the Parent owes a legal duty of support may be considered by the
Court for the purpose of reducing the
Parent́s
Gross Income. To consider a
Parent́s
other Qualified Children for determining the Theoretical Child Support Order, a
Parent shall present documentary evidence of the Parent-Child relationship to
the Court. Adjustments to income pursuant to this paragraph may be considered
in such circumstances in which the failure to consider a Qualified Child would
cause substantial hardship to the Parent. If the Court, in its discretion,
decides to apply the Qualified Child adjustment, the Basic Child Support
Obligation of the Parent for the number of other Qualified Children living with
such Parent shall be determined based upon that
Parent́s
Gross Income. Except for self-employment taxes paid, no other amounts shall be
subtracted from the
Parent́s
Gross Income when calculating a Theoretical Child Support Order under this
subparagraph. The Basic Child Support Obligation for such Parent shall be
multiplied by 75 percent and the resulting amount shall be subtracted from such
Parent́s
Gross Income and entered on the Child Support Schedule B – Adjusted
Income.
(D)
PRIORITY
OF
ADJUSTMENTS.
In multiple family situations, the adjustments to a
Parent́s
Gross Income shall be calculated in the following order:
(i)
Preexisting Orders according to the date of the initial order; and
(ii)
After applying the deductions on the Child Support Schedule B – Adjusted
Income for Preexisting Orders, if any, in subparagraph (A) of paragraph (4) of
this subsection, any credit for a
Parent́s
other Qualified Children may be considered using the procedure set forth in
subparagraph (B) of this paragraph.
(g)
Parenting Time
Adjustment.
(1)
For purposes of this subsection, the term 'Day' means that a Child spends more
than 12 hours of a calendar day with or under the control of a Parent and that
Parent expends a reasonable amount of resources on the Child during such time
period directly related to the care and supervision of the Child. Partial days
of parenting time that are not consistent with this definition shall not be
considered a 'Day' under this Code Section. A Child is under the control of a
Parent when the Child is in the
Parent́s
home or at school, work related day care, or such activity as the Parent
expressly permits.
(2)
The Child Support Obligation Table is based upon expenditures for the Child in
intact households and therefore there is no consideration for cost associated
with court ordered visitation exceeding the standard visitation period with the
Noncustodial Parent, which, for purposes of this Table only, typically includes
a minimum of every other weekend from Friday through Sunday, two weeks in the
summer, and two weeks during holidays throughout the year, for a total of
approximately 80 days per calendar year.
(3)(A)
If the Noncustodial Parent is ordered more than 120 days of court ordered
visitation per calendar year with a Child, the Noncustodial
Parent́s
Basic Support Obligation may be reduced as provided in subparagraph (B) of this
paragraph.
(B)
Determine the Adjustment Percentage based upon the following
schedule:
|
Number
of Days
|
Adjustment
Percentage
|
|
121
- 136 Days
|
10
percent
|
|
137
- 151 Days
|
20
percent
|
|
152
- 166 Days
|
30
percent
|
|
167
- 181 Days
|
40
percent
|
|
182 or more Days
|
50
percent
|
(C)
Multiply the adjustment percentage by the Noncustodial
Parent́s
Basic Child Support Obligation, and the resulting number from this
multiplication may be subtracted from the Noncustodial
Parent́s
Basic Child Support Obligation to arrive at the Parenting Time Adjustment upon a
showing by the preponderance of the evidence that the Parenting Time Adjustment
is consistent with the best interests of the Child.
(D)
If there is more than one Child in the case with whom the Noncustodial Parent is
ordered more than 120 days of visitation per calendar year, and the Noncustodial
Parent is ordered different amounts of visitation time with each Child, then the
time the Noncustodial Parent is ordered with each Child shall be averaged to
determine the Parenting Time Adjustment.
(E)
If the Adjusted Incomes of the Parents are equal and the court ordered
visitation with each Parent is equal, neither Parent shall pay any Basic Child
Support Obligation; provided, however, that either Parent may be responsible for
additional support obligations, including a
Parent́s
pro rata share for Health Insurance, Work Related Child Care Costs, Uninsured
Health Care Expenses, and Deviations for Extraordinary Expenses as set forth in
subparagraph (i)(2)(I) of this Code section.
(4)
Where a Parenting Time Adjustment is ordered and the Noncustodial Parent fails
to exercise the court ordered visitation, the court shall have the power to
sanction the Noncustodial Parent to the same extent as is provided by law for
contempt of the court in any other action or proceeding cognizable by the court.
Any proceeding for compliance pursuant to this authority shall be a part of the
underlying action, and a motion for such enforcement shall not constitute the
filing of a new action or require the payment of a new filing fee.
(5)
In accordance with subsection (d) of Code Section 19-11-8, if any action or
claim for Parenting Time Adjustment is brought under this subsection, it shall
be an action or claim solely between the Custodial Parent and the Noncustodial
Parent, and not any third parties, including the Child Support Enforcement
Agency. Where a Parenting Time Adjustment is ordered and the Noncustodial Parent
fails to exercise the court ordered visitation, the court shall have the power
to sanction the Noncustodial Parent to the same extent as is provided by law for
contempt of the court in any other action or proceeding cognizable by the court.
Any proceeding for compliance pursuant to this authority shall be a part of the
underlying action, and a motion for such enforcement shall not constitute the
filing of a new action or require the payment of a new filing fee.
(h)
Adjusted support
obligation. The Child Support Obligation
Table does not include the cost of the
Parent́s
Work Related Child Care Costs, Health Insurance premiums, or Uninsured Health
Care Expenses. The additional expenses for the
Child́s
Health Insurance premium and Work Related Child Care Costs shall be included in
the calculations to determine child support. A Nonparent
Custodiańs
expenses for Work Related Child Care Costs and Health Insurance premiums shall
be taken into account when establishing a Final Child Support
Order.
(1)
WORK RELATED
CHILD CARE COSTS.
(A)
Work Related Child Care Costs necessary for the
Parent́s
employment, education, or vocational training that are determined by the Court
to be appropriate, and that are appropriate to the
Parentś
financial abilities and to the lifestyle of the Child if the Parents and Child
were living together, shall be averaged for a monthly amount and entered on the
Child Support Worksheet in the column of the Parent initially paying the
expense. Work Related Child Care Costs of a Nonparent Custodian shall be
considered when determining the amount of this expense.
(B)
If a child care subsidy is being provided pursuant to a means-tested public
assistance program, only the amount of the child care expense actually paid by
either Parent or a Nonparent Custodian shall be included in the
calculation.
(C)
If either Parent is the provider of child care services to the Child for whom
support is being determined, the value of those services shall not be an
adjustment to the Basic Child Support Obligation when calculating the support
award.
(D)
If child care is provided without charge to the Parent, the value of these
services shall not be an adjustment to the Basic Child Support Obligation. If
child care is or will be provided by a person who is paid for his or her
services, proof of actual cost or payment shall be shown to the Court before the
Court includes such payment in its consideration.
(E)
The amount of Work Related Child Care Costs shall be determined and added as an
adjustment to the Basic Child Support Obligation as 'additional expenses'
whether paid directly by the Parent or through a payroll deduction.
(F)
The total amount of Work Related Child Care Costs shall be divided between the
Parents pro rata to determine the Presumptive Amount of Child Support and shall
be included in the Worksheet and written order of the Court.
(2)
COST OF HEALTH
INSURANCE PREMIUMS.
(A)(i)
The amount that is, or will be, paid by a Parent for Health Insurance for the
Child for whom support is being determined shall be an adjustment to the Basic
Child Support Obligation and prorated between the Parents based upon their
respective incomes. Payments made by a
Parent́s
employer for Health Insurance and not deducted from the
Parent́s
wages shall not be included. When a Child for whom support is being determined
is covered by a family policy, only the Health Insurance premium actually
attributable to that Child shall be added.
(ii)
The amount of the cost for the
Child́s
Health Insurance premium shall be determined and added as an adjustment to the
Basic Child Support Obligation as 'additional expenses' whether paid directly by
the Parent or through a payroll deduction.
(iii)
The total amount of the cost for the
Child́s
Health Insurance premium shall be divided between the Parents pro rata to
determine the total Presumptive Amount of Child Support and shall be included in
the Child Support Schedule D – Additional Expenses and written order of
the Court together with the amount of the Basic Child Support
Obligation.
(B)(i)
If Health Insurance that provides for the health care needs of the Child can be
obtained by a Parent at reasonable cost, then an amount to cover the cost of the
premium shall be added as an adjustment to the Basic Child Support Obligation.
A Health Insurance premium paid by a Nonparent Custodian shall be included when
determining the amount of Health Insurance expense. In determining the amount
to be added to the order for the Health Insurance cost, only the amount of the
Health Insurance cost attributable to the Child who is the subject of the order
shall be included.
(ii)
If coverage is applicable to other persons and the amount of the Health
Insurance premium attributable to the Child who is the subject of the current
action for support is not verifiable, the total cost to the Parent paying the
premium shall be prorated by the number of persons covered so that only the cost
attributable to the Child who is the subject of the order under consideration is
included. The amount of Health Insurance premium shall be determined by
dividing the total amount of the insurance premium by the number of persons
covered by the insurance policy and multiplying the resulting amount by the
number of children covered by the insurance policy. The monthly cost of Health
Insurance premium shall be entered on the Child Support Schedule D –
Additional Expenses in the column of the Parent paying the premium.
(iii)
Eligibility for or enrollment of the Child in Medicaid or PeachCare for Kids
Program shall not satisfy the requirement that the Final Child Support Order
provide for the
Child́s
health care needs. Health coverage through PeachCare for Kids Program and
Medicaid shall not prevent a Court from ordering either or both Parents to
obtain other Health Insurance.
(3)
UNINSURED HEALTH
CARE EXPENSES.
(A)
The
Child́s
Uninsured Health Care Expenses shall be the financial responsibility of both
Parents. The Final Child Support Order shall include provisions for payment of
the Uninsured Heath Care Expenses; provided, however, that the Uninsured Health
Care Expenses shall not be used for the purpose of calculating the amount of
child support. The Parents shall divide the Uninsured Health Care Expenses pro
rata, unless otherwise specifically ordered by the Court.
(B)
If a Parent fails to pay his or her pro rata share of the
Child́s
Uninsured Health Care Expenses, as specified in the Final Child Support Order,
within a reasonable time after receipt of evidence documenting the uninsured
portion of the expense:
(i)
The other Parent or the Nonparent Custodian may enforce payment of the expense
by any means permitted by law; or
(ii)
The Child Support Enforcement Agency shall pursue enforcement of payment of such
unpaid expenses only if the unpaid expenses have been reduced to a judgment in a
sum certain amount.
(i)
Grounds for
Deviation.
(1)
GENERAL
PRINCIPLES.
(A)
The amount of child support established by this Code section and the Presumptive
Amount of Child Support are rebuttable and the Court or the jury may deviate
from the Presumptive Amount of Child Support in compliance with this
subsection. In deviating from the Presumptive Amount of Child Support, primary
consideration shall be given to the best interest of the Child for whom support
under this Code section is being determined. A Nonparent
Custodiańs
expenses may be the basis for a Deviation.
(B)
When ordering a Deviation from the Presumptive Amount of Child Support, the
Court or the jury shall consider all available income of the Parents and shall
make written findings or special interrogatory findings that an amount of child
support other than the amount calculated is reasonably necessary to provide for
the needs of the Child for whom child support is being determined and the order
or special interrogatory shall state:
(i)
The reasons for the Deviation from the Presumptive Amount of Child
Support;
(ii)
The amount of child support that would have been required under this Code
section if the Presumptive Amount of Child Support had not been rebutted;
and
(iii)
How, in its determination:
(I)
Application of the Presumptive Amount of Child Support would be unjust or
inappropriate; and
(II)
The best interest of the Child for whom support is being determined will be
served by Deviation from the Presumptive Amount of Child Support.
(C)
No Deviation in the Presumptive Amount of Child Support shall be made which
seriously impairs the ability of the Custodial Parent to maintain minimally
adequate housing, food, and clothing for the Child being supported by the order
and to provide other basic necessities, as determined by the Court or the
jury.
(2)
SPECIFIC
DEVIATIONS.
(A)
HIGH
INCOME. For purposes of this
subparagraph, Parents are considered to be high-income Parents if their Combined
Adjusted Income exceeds $30,000.00 per month. For high-income Parents, the
Court shall set the Basic Child Support Obligation at the highest amount allowed
by the Child Support Obligation Table but the Court or the jury may consider
upward Deviation to attain an appropriate award of child support for high-income
Parents which is consistent with the best interest of the Child.
(B)
LOW
INCOME. For purposes of this
subparagraph, 'low income person' means a Parent whose annual Gross Income is at
or below $1,850.00 per month.
(i)
If the Noncustodial Parent is a low income person and requests a Deviation on
such basis, the Court or the jury shall determine if the Noncustodial Parent
will be financially able to pay the child support order and maintain at least a
minimum standard of living by calculating a self-support reserve as set forth in
division (ii) of this subparagraph. The Court or the jury shall take into
account all nonexempt sources of income available to each Parent and all
reasonable expenses of each Parent, ensuring that such expenses are actually
paid by the Parent and are clearly justified expenses. The Court or the jury
shall also consider the financial impact that a reduction in the amount of child
support paid to the Custodial Parent would have on the Custodial
Parent́s
household. Under no circumstances shall the amount of child support awarded to
the Custodial Parent impair the ability of the Custodial Parent to maintain
minimally adequate housing, food, and clothing and provide for other basic
necessities for the child being supported by the court order.
(ii)
To calculate the self-support reserve for the Noncustodial Parent, the Court or
the jury shall deduct $900.00 from the Noncustodial
Parent́s
Adjusted Income. If the resulting amount is less than the Noncustodial
Parent́s
pro rata responsibility of the Presumptive Amount of Child Support, the Court or
the jury may deviate from the amount of support provided for in the Child
Support Obligation Table to the resulting amount. If the child support award
amount would be less than $75.00, then the minimum child support order amount
shall be $75.00.
(iii)
If the Custodial Parent is a low income person, the Court or the jury shall
subtract $900.00 from the Custodial
Parent́s
Adjusted Income. If the resulting amount is less than the Custodial
Parent́s
pro rata responsibility of the Presumptive Amount of Child Support, the Court or
the jury shall not deviate from the amount of support required to be paid by the
Noncustodial Parent as provided for in the Child Support Obligation
Table.
(iv)
The self-support reserve calculation described in this subparagraph shall apply
only to the current child support amount and shall not prohibit an additional
amount being ordered to reduce an
obligoŕs
arrears.
(v)
The Court shall make a written finding in its order or the jury shall find by
special interrogatory that the low income Deviation from the Presumptive Amount
of Child Support is clearly justified based upon the considerations and
calculations described in this subparagraph.
(C)
OTHER
HEALTH-RELATED INSURANCE. If the Court or
the jury finds that either Parent has vision or dental insurance available at a
reasonable cost for the Child, the Court may deviate from the Presumptive Amount
of Child Support for the cost of such insurance.
(D)
CHILD
AND DEPENDENT CARE TAX CREDIT. If the
Court or the jury finds that one of the Parents is entitled to the Child and
Dependent Care Tax Credit, the Court or the jury may deviate from the
Presumptive Amount of Child Support in consideration of such
credit.
(E)
TRAVEL
EXPENSES. If court ordered visitation
related travel expenses are substantial due to the distance between the Parents,
the Court may order the allocation of such costs or the jury may by a finding in
its special interrogatory allocate such costs by Deviation from the Presumptive
Amount of Child Support, taking into consideration the circumstances of the
respective Parents as well as which Parent moved and the reason for such
move.
(F)
ALIMONY.
Actual payments of alimony shall not be considered as a deduction from Gross
Income but may be considered as a Deviation from the Presumptive Amount of Child
Support. If the Court or the jury considers the actual payment of alimony, the
Court shall make a written finding of such consideration or the jury in its
special interrogatory of such consideration as a basis for Deviation from the
Presumptive Amount of Child Support.
(G)
MORTGAGE.
If the Noncustodial Parent is providing shelter, such as paying the mortgage of
the home, or has provided a home at no cost to the Custodial Parent in which the
Child resides, the Court or the jury may allocate such costs or an amount
equivalent to such costs by Deviation from the Presumptive Amount of Child
Support, taking into consideration the circumstances of the respective Parents
and the best interest of the Child.
(H)
PERMANENCY
PLAN OR FOSTER CARE PLAN. In cases where
the Child is in the legal custody of the Department of Human Resources, the
child protection or foster care agency of another state or territory, or any
other child-caring entity, public or private, the Court or the jury may consider
a Deviation from the Presumptive Amount of Child Support if the Deviation will
assist in accomplishing a permanency plan or foster care plan for the Child that
has a goal of returning the Child to the Parent or Parents and the
Parent́s
need to establish an adequate household or to otherwise adequately prepare
herself or himself for the return of the Child clearly justifies a Deviation for
this purpose.
(I)
EXTRAORDINARY
EXPENSES. The Child Support Obligation
Table includes average child rearing expenditures for families given the
Parentś
monthly combined income and number of children. Extraordinary expenses are in
excess of average amounts estimated in the Child Support Obligation Table and
are highly variable among families. Extraordinary expenses shall be considered
on a case-by-case basis in the calculation of support and may form the basis for
Deviation from the Presumptive Amount of Child Support so that the actual amount
of the expense is considered in the calculation of the Final Child Support Order
for only those families actually incurring the expense. Extraordinary expenses
shall be prorated between the Parents.
(i)
Extraordinary
educational expenses. Extraordinary
educational expenses may be a basis for Deviation from the Presumptive Amount of
Child Support. Extraordinary educational expenses include, but are not limited
to, tuition, room and board, lab fees, books, fees, and other reasonable and
necessary expenses associated with special needs education or private elementary
and secondary schooling that are appropriate to the
Parent́s
financial abilities and to the lifestyle of the Child if the Parents and the
Child were living together.
(I)
In determining the amount of Deviation for extraordinary educational expenses,
scholarships, grants, stipends, and other cost-reducing programs received by or
on behalf of the Child shall be considered; and
(II)
If a Deviation is allowed for extraordinary educational expenses, a monthly
average of the extraordinary educational expenses shall be based on evidence of
prior or anticipated expenses and entered on the Child Support Schedule
E – Deviations.
(ii)
Special expenses
incurred for child rearing. Special
expenses incurred for child rearing, including, but not limited to, quantifiable
expense variations related to the food, clothing, and hygiene costs of children
at different age levels, may be a basis for a Deviation from the Presumptive
Amount of Child Support. Such expenses include, but are not limited to, summer
camp; music or art lessons; travel; school sponsored extracurricular activities,
such as band, clubs, and athletics; and other activities intended to enhance the
athletic, social, or cultural development of a Child but not otherwise required
to be used in calculating the Presumptive Amount of Child Support as are Health
Insurance premiums and Work Related Child Care Costs. A portion of the Basic
Child Support Obligation is intended to cover average amounts of special
expenses incurred in the rearing of a Child. In order to determine if a
Deviation for special expenses is warranted, the Court or the jury shall
consider the full amount of the special expenses as described in this division;
and when these special expenses exceed 7 percent of the monthly Basic Child
Support Obligation, then the additional amount of special expenses shall be
considered as a Deviation to cover the full amount of the special
expenses.
(iii)
Extraordinary medical
expenses. In instances of extreme
economic hardship, such as in cases involving extraordinary medical needs not
covered by insurance or other extraordinary special needs for the Child of a
Parent́s
current family, Deviation from the Presumptive Amount of Child Support may be
considered. In such cases, the Court or the jury shall consider the resources
available for meeting such needs, including those available from agencies and
other adults. The Court or the jury may consider extraordinary medical expenses
of a Parent as a reason for finding a Deviation from the Presumptive Child
Support amount, but such Deviation shall not act to leave a Child unsupported
and such Deviation may be ordered for a specific period of time measured in
months.
(3)
NONSPECIFIC
DEVIATIONS. Deviation from the
Presumptive Amount of Child Support may be appropriate for reasons in addition
to those established under this subsection when the Court or the jury finds it
is in the best interest of the Child. If the circumstances which supported the
Deviation cease to exist, the Final Child Support Order may be modified as set
forth in subsection (k) of this Code section to eliminate the
Deviation.
(j)
Involuntary loss of
income.
(1)
In the event a Parent suffers an involuntary termination of employment, has an
extended involuntary loss of average weekly hours, is involved in an organized
strike, incurs a loss of health, or similar involuntary adversity resulting in a
loss of income of 25 percent or more, then the portion of child support
attributable to lost income shall not accrue from the date of the service of the
petition for modification, provided that service is made on the other Parent.
It shall not be considered an involuntary termination of employment if the
Parent has left the employer without good cause in connection with the
Parent́s
most recent work.
(2)
In the event a modification action is filed pursuant to this subsection, the
Court shall make every effort to expedite hearing such action.
(3)
The Court may, at its discretion, phase in the new child support award over a
period of up to one year with the phasing in being largely evenly distributed
with at least an initial immediate adjustment of not less than 25 percent of the
difference and at least one intermediate adjustment prior to the final
adjustment at the end of the phase-in period.
(k)
Modification.
(1)
No petition to modify child support may be filed by either Parent within a
period of two years from the date of the final order on a previous petition to
modify by the same Parent except where:
(A)
The Child Support Obligation Table set forth in subsection (o) of this Code
section creates a difference of 15 percent or more between a new award and a
prior award;
(B)
A Parenting Time Adjustment pursuant to subsection (g) of this Code section was
made and a Noncustodial Parent has failed to exercise the court ordered
visitation;
(C)
A Parenting Time Adjustment pursuant to subsection (g) of this Code section was
made and a Noncustodial Parent has exercised a greater amount of visitation than
was provided in the court order; or
(D)
The motion to modify is based upon an involuntary loss of income as set forth in
subsection (j) of this Code section.
(2)
In any proceeding to modify an order entered prior to July 1, 2006, an increase
or decrease of 15 percent or more between the amount of the existing order and
the amount of child support resulting from the application of the Child Support
Obligation Table shall be presumed to constitute a substantial change of
circumstances as may warrant a modification based upon the
Court́s
consideration of the
Parent́s
income and financial status and the needs of the Child. This differential shall
be calculated by applying 15 percent to the existing award. If there is a
difference of 30 percent or more between a new award and a prior award, the
Court may, at its discretion, phase in the new child support award over a period
of up to one year with the phasing in being largely evenly distributed with at
least an initial immediate adjustment of not less than 25 percent of the
difference and at least one intermediate adjustment prior to the final
adjustment at the end of the phase-in period. All IV-D case reviews and
modifications shall proceed and be governed by Code Section 19-11-12.
Subsequent changes to the Child Support Obligation Table shall be a reason to
request a review for modification from the IV-D agency to the extent that such
changes are consistent with the requirements of Code Section
19-11-12.
(3)
In proceedings for the modification of a child support award pursuant to the
provisions of this Code section, the Court may award
attorneýs
fees, costs, and expenses of litigation to the prevailing party as the interests
of justice may require. Where a Custodial Parent prevails in an upward
modification of child support based upon the Noncustodial
Parent́s
failure to be available and willing to exercise court ordered visitation as
scheduled under the prior order of child support which provided a Parenting Time
Adjustment in accordance with subsection (g) of this Code section, reasonable
and necessary
attorneýs
fees and expenses of litigation shall be awarded to the Custodial
Parent.
(l)
Split
Parenting. In cases of Split Parenting, a
Worksheet shall be prepared separately for the Child for whom the father is the
Custodial Parent and for the Child for whom the mother is the Custodial Parent,
and that Worksheet shall be filed with the clerk of court. For each Split
Parenting custodial situation, the Court shall determine:
(1)
Which Parent is the obligor;
(2)
The Presumptive Amount of Child Support;
(3)
The actual award of child support, if different from the Presumptive Amount of
Child Support;
(4)
How and when the sum certain amount of child support owed shall be paid;
and
(5)
Any other child support responsibilities for each Parent.
(m)
Worksheets.
(1)
The Child Support Worksheet is used to record information necessary to determine
and calculate child support. Schedules and Worksheets shall be prepared by the
parties for purposes of calculating the amount of child support. Information
from the schedules shall be entered on the Child Support Worksheet. The Child
Support Worksheet shall be attached to the final court order or judgment, and
any schedules completed by the parties shall be filed with the clerk of
court.
(2)
The Child Support Worksheet and schedules shall be promulgated by the Georgia
Child Support Commission.
(n)
Child Support
Obligation Table. The Child Support
Obligation Table shall be proposed by the Georgia Child Support Commission and
shall be as codified in subsection (o) of this Code section.
(o)
Georgia Schedule of
Basic Child Support Obligations.
|
Georgia
Schedule of Basic Child Support Obligations
|
||||||
|
Combined
Adjusted
Gross Income
|
One
Child
|
Two
Children
|
Three
Children
|
Four
Children
|
Five
Children
|
Six
Children
|
|
$
800.00
|
$
197.00
|
$
283.00
|
$
330.00
|
$
367.00
|
$
404.00
|
$
440.00
|
|
850.00
|
208.00
|
298.00
|
347.00
|
387.00
|
425.00
|
463.00
|
|
900.00
|
218.00
|
313.00
|
364.00
|
406.00
|
447.00
|
486.00
|
|
950.00
|
229.00
|
328.00
|
381.00
|
425.00
|
468.00
|
509.00
|
|
1,000.00
|
239.00
|
343.00
|
398.00
|
444.00
|
489.00
|
532.00
|
|
1,050.00
|
250.00
|
357.00
|
415.00
|
463.00
|
510.00
|
554.00
|
|
1,100.00
|
260.00
|
372.00
|
432.00
|
482.00
|
530.00
|
577.00
|
|
1,150.00
|
270.00
|
387.00
|
449.00
|
501.00
|
551.00
|
600.00
|
|
1,200.00
|
280.00
|
401.00
|
466.00
|
520.00
|
572.00
|
622.00
|
|
1,250.00
|
291.00
|
416.00
|
483.00
|
539.00
|
593.00
|
645.00
|
|
1,300.00
|
301.00
|
431.00
|
500.00
|
558.00
|
614.00
|
668.00
|
|
1,350.00
|
311.00
|
445.00
|
517.00
|
577.00
|
634.00
|
690.00
|
|
1,400.00
|
321.00
|
459.00
|
533.00
|
594.00
|
654.00
|
711.00
|
|
1,450.00
|
331.00
|
473.00
|
549.00
|
612.00
|
673.00
|
733.00
|
|
1,500.00
|
340.00
|
487.00
|
565.00
|
630.00
|
693.00
|
754.00
|
|
1,550.00
|
350.00
|
500.00
|
581.00
|
647.00
|
712.00
|
775.00
|
|
1,600.00
|
360.00
|
514.00
|
597.00
|
665.00
|
732.00
|
796.00
|
|
1,650.00
|
369.00
|
528.00
|
612.00
|
683.00
|
751.00
|
817.00
|
|
1,700.00
|
379.00
|
542.00
|
628.00
|
701.00
|
771.00
|
838.00
|
|
1,750.00
|
389.00
|
555.00
|
644.00
|
718.00
|
790.00
|
860.00
|
|
1,800.00
|
398.00
|
569.00
|
660.00
|
736.00
|
809.00
|
881.00
|
|
1,850.00
|
408.00
|
583.00
|
676.00
|
754.00
|
829.00
|
902.00
|
|
1,900.00
|
418.00
|
596.00
|
692.00
|
771.00
|
848.00
|
923.00
|
|
1,950.00
|
427.00
|
610.00
|
708.00
|
789.00
|
868.00
|
944.00
|
|
2,000.00
|
437.00
|
624.00
|
723.00
|
807.00
|
887.00
|
965.00
|
|
2,050.00
|
446.00
|
637.00
|
739.00
|
824.00
|
906.00
|
986.00
|
|
2,100.00
|
455.00
|
650.00
|
754.00
|
840.00
|
924.00
|
1,006.00
|
|
2,150.00
|
465.00
|
663.00
|
769.00
|
857.00
|
943.00
|
1,026.00
|
|
2,200.00
|
474.00
|
676.00
|
783.00
|
873.00
|
961.00
|
1,045.00
|
|
2,250.00
|
483.00
|
688.00
|
798.00
|
890.00
|
979.00
|
1,065.00
|
|
2,300.00
|
492.00
|
701.00
|
813.00
|
907.00
|
997.00
|
1,085.00
|
|
2,350.00
|
501.00
|
714.00
|
828.00
|
923.00
|
1,016.00
|
1,105.00
|
|
2,400.00
|
510.00
|
727.00
|
843.00
|
940.00
|
1,034.00
|
1,125.00
|
|
2,450.00
|
519.00
|
740.00
|
858.00
|
956.00
|
1,052.00
|
1,145.00
|
|
2,500.00
|
528.00
|
752.00
|
873.00
|
973.00
|
1,070.00
|
1,165.00
|
|
2,550.00
|
537.00
|
765.00
|
888.00
|
990.00
|
1,089.00
|
1,184.00
|
|
2,600.00
|
547.00
|
778.00
|
902.00
|
1,006.00
|
1,107.00
|
1,204.00
|
|
2,650.00
|
556.00
|
791.00
|
917.00
|
1,023.00
|
1,125.00
|
1,224.00
|
|
2,700.00
|
565.00
|
804.00
|
932.00
|
1,039.00
|
1,143.00
|
1,244.00
|
|
2,750.00
|
574.00
|
816.00
|
947.00
|
1,056.00
|
1,162.00
|
1,264.00
|
|
2,800.00
|
583.00
|
829.00
|
962.00
|
1,073.00
|
1,180.00
|
1,284.00
|
|
2,850.00
|
592.00
|
842.00
|
977.00
|
1,089.00
|
1,198.00
|
1,303.00
|
|
2,900.00
|
601.00
|
855.00
|
992.00
|
1,106.00
|
1,216.00
|
1,323.00
|
|
2,950.00
|
611.00
|
868.00
|
1,006.00
|
1,122.00
|
1,234.00
|
1,343.00
|
|
3,000.00
|
620.00
|
881.00
|
1,021.00
|
1,139.00
|
1,253.00
|
1,363.00
|
|
3,050.00
|
629.00
|
893.00
|
1,036.00
|
1,155.00
|
1,271.00
|
1,383.00
|
|
3,100.00
|
638.00
|
906.00
|
1,051.00
|
1,172.00
|
1,289.00
|
1,402.00
|
|
3,150.00
|
647.00
|
919.00
|
1,066.00
|
1,188.00
|
1,307.00
|
1,422.00
|
|
3,200.00
|
655.00
|
930.00
|
1,079.00
|
1,203.00
|
1,323.00
|
1,440.00
|
|
3,250.00
|
663.00
|
941.00
|
1,092.00
|
1,217.00
|
1,339.00
|
1,457.00
|
|
3,300.00
|
671.00
|
952.00
|
1,104.00
|
1,231.00
|
1,355.00
|
1,474.00
|
|
3,350.00
|
679.00
|
963.00
|
1,117.00
|
1,246.00
|
1,370.00
|
1,491.00
|
|
3,400.00
|
687.00
|
974.00
|
1,130.00
|
1,260.00
|
1,386.00
|
1,508.00
|
|
3,450.00
|
694.00
|
985.00
|
1,143.00
|
1,274.00
|
1,402.00
|
1,525.00
|
|
3,500.00
|
702.00
|
996.00
|
1,155.00
|
1,288.00
|
1,417.00
|
1,542.00
|
|
3,550.00
|
710.00
|
1,008.00
|
1,168.00
|
1,303.00
|
1,433.00
|
1,559.00
|
|
3,600.00
|
718.00
|
1,019.00
|
1,181.00
|
1,317.00
|
1,448.00
|
1,576.00
|
|
3,650.00
|
726.00
|
1,030.00
|
1,194.00
|
1,331.00
|
1,464.00
|
1,593.00
|
|
3,700.00
|
734.00
|
1,041.00
|
1,207.00
|
1,345.00
|
1,480.00
|
1,610.00
|
|
3,750.00
|
741.00
|
1,051.00
|
1,219.00
|
1,359.00
|
1,495.00
|
1,627.00
|
|
3,800.00
|
749.00
|
1,062.00
|
1,231.00
|
1,373.00
|
1,510.00
|
1,643.00
|
|
3,850.00
|
756.00
|
1,072.00
|
1,243.00
|
1,386.00
|
1,525.00
|
1,659.00
|
|
3,900.00
|
764.00
|
1,083.00
|
1,255.00
|
1,400.00
|
1,540.00
|
1,675.00
|
|
3,950.00
|
771.00
|
1,093.00
|
1,267.00
|
1,413.00
|
1,555.00
|
1,691.00
|
|
4,000.00
|
779.00
|
1,104.00
|
1,280.00
|
1,427.00
|
1,569.00
|
1,707.00
|
|
4,050.00
|
786.00
|
1,114.00
|
1,292.00
|
1,440.00
|
1,584.00
|
1,724.00
|
|
4,100.00
|
794.00
|
1,125.00
|
1,304.00
|
1,454.00
|
1,599.00
|
1,740.00
|
|
4,150.00
|
801.00
|
1,135.00
|
1,316.00
|
1,467.00
|
1,614.00
|
1,756.00
|
|
4,200.00
|
809.00
|
1,146.00
|
1,328.00
|
1,481.00
|
1,629.00
|
1,772.00
|
|
4,250.00
|
816.00
|
1,156.00
|
1,340.00
|
1,494.00
|
1,643.00
|
1,788.00
|
|
4,300.00
|
824.00
|
1,167.00
|
1,352.00
|
1,508.00
|
1,658.00
|
1,804.00
|
|
4,350.00
|
831.00
|
1,177.00
|
1,364.00
|
1,521.00
|
1,673.00
|
1,820.00
|
|
4,400.00
|
839.00
|
1,188.00
|
1,376.00
|
1,534.00
|
1,688.00
|
1,836.00
|
|
4,450.00
|
846.00
|
1,198.00
|
1,388.00
|
1,548.00
|
1,703.00
|
1,853.00
|
|
4,500.00
|
853.00
|
1,209.00
|
1,400.00
|
1,561.00
|
1,718.00
|
1,869.00
|
|
4,550.00
|
861.00
|
1,219.00
|
1,412.00
|
1,575.00
|
1,732.00
|
1,885.00
|
|
4,600.00
|
868.00
|
1,230.00
|
1,425.00
|
1,588.00
|
1,747.00
|
1,901.00
|
|
4,650.00
|
876.00
|
1,240.00
|
1,437.00
|
1,602.00
|
1,762.00
|
1,917.00
|
|
4,700.00
|
883.00
|
1,251.00
|
1,449.00
|
1,615.00
|
1,777.00
|
1,933.00
|
|
4,750.00
|
891.00
|
1,261.00
|
1,461.00
|
1,629.00
|
1,792.00
|
1,949.00
|
|
4,800.00
|
898.00
|
1,271.00
|
1,473.00
|
1,642.00
|
1,807.00
|
1,966.00
|
|
4,850.00
|
906.00
|
1,282.00
|
1,485.00
|
1,656.00
|
1,821.00
|
1,982.00
|
|
4,900.00
|
911.00
|
1,289.00
|
1,493.00
|
1,664.00
|
1,831.00
|
1,992.00
|
|
4,950.00
|
914.00
|
1,293.00
|
1,496.00
|
1,668.00
|
1,835.00
|
1,997.00
|
|
5,000.00
|
917.00
|
1,297.00
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|
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21,650.00
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|
27,200.00
|
2,158.00
|
2,965.00
|
3,330.00
|
3,713.00
|
4,086.00
|
4,446.00
|
|
27,250.00
|
2,160.00
|
2,967.00
|
3,332.00
|
3,715.00
|
4,088.00
|
4,448.00
|
|
27,300.00
|
2,161.00
|
2,969.00
|
3,334.00
|
3,717.00
|
4,091.00
|
4,451.00
|
|
27,350.00
|
2,162.00
|
2,970.00
|
3,335.00
|
3,719.00
|
4,093.00
|
4,453.00
|
|
27,400.00
|
2,164.00
|
2,972.00
|
3,337.00
|
3,721.00
|
4,095.00
|
4,456.00
|
|
27,450.00
|
2,165.00
|
2,974.00
|
3,339.00
|
3,723.00
|
4,098.00
|
4,458.00
|
|
27,500.00
|
2,167.00
|
2,976.00
|
3,341.00
|
3,725.00
|
4,100.00
|
4,461.00
|
|
27,550.00
|
2,168.00
|
2,978.00
|
3,343.00
|
3,727.00
|
4,102.00
|
4,463.00
|
|
27,600.00
|
2,170.00
|
2,980.00
|
3,345.00
|
3,729.00
|
4,104.00
|
4,466.00
|
|
27,650.00
|
2,171.00
|
2,982.00
|
3,347.00
|
3,731.00
|
4,107.00
|
4,468.00
|
|
27,700.00
|
2172.00
|
2,983.00
|
3,348.00
|
3,733.00
|
4,109.00
|
4,471.00
|
|
27,750.00
|
2,174.00
|
2,985.00
|
3,350.00
|
3,735.00
|
4,111.00
|
4,473.00
|
|
27,800.00
|
2,175.00
|
2,987.00
|
3,352.00
|
3,738.00
|
4,114.00
|
4,475.00
|
|
27,850.00
|
2,177.00
|
2,989.00
|
3,354.00
|
3,740.00
|
4,116.00
|
4,478.00
|
|
27,900.00
|
2,178.00
|
2,991.00
|
3,356.00
|
3,742.00
|
4,118.00
|
4,480.00
|
|
27,950.00
|
2,179.00
|
2,993.00
|
3,357.00
|
3,744.00
|
4,120.00
|
4,483.00
|
|
28,000.00
|
2,181.00
|
2,994.00
|
3,359.00
|
3,746.00
|
4,122.00
|
4,485.00
|
|
28,050.00
|
2,182.00
|
2,996.00
|
3,361.00
|
3,748.00
|
4,125.00
|
4,488.00
|
|
28,100.00
|
2,184.00
|
2,998.00
|
3,363.00
|
3,750.00
|
4,127.00
|
4,490.00
|
|
28,150.00
|
2,185.00
|
3,000.00
|
3,365.00
|
3,752.00
|
4,129.00
|
4,492.00
|
|
28,200.00
|
2,186.00
|
3,001.00
|
3,366.00
|
3,754.00
|
4,131.00
|
4,495.00
|
|
28,250.00
|
2,188.00
|
3,003.00
|
3,368.00
|
3,756.00
|
4,133.00
|
4,497.00
|
|
28,300.00
|
2,189.00
|
3,005.00
|
3,370.00
|
3,758.00
|
4,136.00
|
4,500.00
|
|
28,350.00
|
2,190.00
|
3,007.00
|
3,372.00
|
3,759.00
|
4,138.00
|
4,502.00
|
|
28,400.00
|
2,192.00
|
3,009.00
|
3,374.00
|
3,761.00
|
4,140.00
|
4,504.00
|
|
28,450.00
|
2,193.00
|
3,010.00
|
3,375.00
|
3,763.00
|
4,142.00
|
4,507.00
|
|
28,500.00
|
2,194.00
|
3,012.00
|
3,377.00
|
3,765.00
|
4,145.00
|
4,509.00
|
|
28,550.00
|
2,196.00
|
3,014.00
|
3,379.00
|
3,767.00
|
4,147.00
|
4,512.00
|
|
28,600.00
|
2,197.00
|
3,016.00
|
3,381.00
|
3,769.00
|
4,149.00
|
4,514.00
|
|
28,650.00
|
2,199.00
|
3,017.00
|
3,382.00
|
3,771.00
|
4,151.00
|
4,516.00
|
|
28,700.00
|
2,200.00
|
3,019.00
|
3,384.00
|
3,773.00
|
4,153.00
|
4,519.00
|
|
28,750.00
|
2,201.00
|
3,021.00
|
3,386.00
|
3,775.00
|
4,156.00
|
4,521.00
|
|
28,800.00
|
2,203.00
|
3,023.00
|
3,388.00
|
3,777.00
|
4,158.00
|
4,524.00
|
|
28,850.00
|
2,204.00
|
3,025.00
|
3,390.00
|
3,779.00
|
4,160.00
|
4,526.00
|
|
28,900.00
|
2,205.00
|
3,026.00
|
3,391.00
|
3,781.00
|
4,162.00
|
4,528.00
|
|
28,950.00
|
2,207.00
|
3,028.00
|
3,393.00
|
3,783.00
|
4,164.00
|
4,531.00
|
|
29,000.00
|
2,208.00
|
3,030.00
|
3,395.00
|
3,785.00
|
4,167.00
|
4,533.00
|
|
29,050.00
|
2,210.00
|
3,032.00
|
3,397.00
|
3,787.00
|
4,169.00
|
4,536.00
|
|
29,100.00
|
2,211.00
|
3,034.00
|
3,398.00
|
3,789.00
|
4,171.00
|
4,538.00
|
|
29,150.00
|
2,212.00
|
3,035.00
|
3,400.00
|
3,791.00
|
4,173.00
|
4,540.00
|
|
29,200.00
|
2,214.00
|
3,037.00
|
3,402.00
|
3,793.00
|
4,175.00
|
4,543.00
|
|
29,250.00
|
2,215.00
|
3,039.00
|
3,404.00
|
3,795.00
|
4,178.00
|
4,545.00
|
|
29,300.00
|
2,216.00
|
3,041.00
|
3,406.00
|
3,797.00
|
4,180.00
|
4,548.00
|
|
29,350.00
|
2,218.00
|
3,042.00
|
3,407.00
|
3,799.00
|
4,182.00
|
4,550.00
|
|
29,400.00
|
2,219.00
|
3,044.00
|
3,409.00
|
3,801.00
|
4,184.00
|
4,552.00
|
|
29,450.00
|
2,220.00
|
3,046.00
|
3,411.00
|
3,803.00
|
4,186.00
|
4,555.00
|
|
29,500.00
|
2,222.00
|
3,048.00
|
3,413.00
|
3,805.00
|
4,189.00
|
4,557.00
|
|
29,550.00
|
2,223.00
|
3,050.00
|
3,415.00
|
3,807.00
|
4,191.00
|
4,560.00
|
|
29,600.00
|
2,225.00
|
3,051.00
|
3,416.00
|
3,809.00
|
4,193.00
|
4,562.00
|
|
29,650.00
|
2,226.00
|
3,053.00
|
3,418.00
|
3,811.00
|
4,195.00
|
4,564.00
|
|
29,700.00
|
2,227.00
|
3,055.00
|
3,420.00
|
3,813.00
|
4,197.00
|
4,567.00
|
|
29,750.00
|
2,229.00
|
3,057.00
|
3,422.00
|
3,815.00
|
4,200.00
|
4,569.00
|
|
29,800.00
|
2,230.00
|
3,058.00
|
3,423.00
|
3,817.00
|
4,202.00
|
4,572.00
|
|
29,850.00
|
2,231.00
|
3,060.00
|
3,425.00
|
3,819.00
|
4,204.00
|
4,574.00
|
|
29,900.00
|
2,233.00
|
3,062.00
|
3,427.00
|
3,821.00
|
4,206.00
|
4,576.00
|
|
29,950.00
|
2,234.00
|
3,064.00
|
3,429.00
|
3,823.00
|
4,208.00
|
4,579.00
|
|
30,000.00
|
2,236.00
|
3,066.00
|
3,431.00
|
3,825.00
|
4,211.00
|
4,581.00"
|
SECTION
5.
Said
title is further amended by striking paragraph (6) of subsection (a) of Code
Section 19-6-53, relating to the duties of the Georgia Child Support Commission,
and inserting in lieu thereof the following:
"(6)
To
develop,
and
publish, and
update the child support obligation table
and worksheets
and
schedules associated with the use of such
table;"
SECTION
6.
This
Act shall become effective on July 1, 2006, and shall apply to all cases pending
on and after July 1, 2006.
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.