Divorce and Georgia's Child Support Guidelines

As Augusta, Georgia divorce attorneys, we frequently receive telephone calls at the Goolsby Law Firm, LLC, about the topic of child support.  (Our divorce lawyers--father and son--offer free initial consultations in Georgia divorce cases).  Many of the callers have good questions about how much child support they can expect to receive, following their divorce, and how the child support is calculated.  Here are a few tips about child support in Georgia:

1.  First of all, it is important to understand that Georgia no longer simply bases child support on the income of the non-custodial parent.  Instead, a few years ago, Georgia elected to go to and utilize the current child support guidelines, which take both parents' incomes into account.  If one of the parents is unemployed, sometimes, the judge will impute minimum wage to that parent in making the calculation.

2.  Second, while it is possible for anyone to figure out for themselves how to work through the child support guidelines, in many divorce cases, the guidelines can be complicated, or difficult, to follow.  As a result, we recommend that you retain your own divorce lawyer to help you with child support issues, along with all other issues in your divorce.

There--that's my practical divorce tips of the day!  Maybe, next, we can find some more interesting news about celebrity divorces, or perhaps a divorce joke!  Have a great week!

Fathers and Child Support Obligations

[Photo from mtephraimschools.org]

As Augusta, Georgia divorce lawyers, we often help our clients address issues involving child support, including contempt and child support modification actions.  After all, not all fathers pay child support like they should.  But as we approach Father's Day, perhaps it is important to recognize that most dads "out there," following a divorce, actually support their children, as they should, financially and otherwise.  The "deadbeat dads" exist, but, fortunately, they are in a minority. 

Indeed, according to one source, http://fathersrights.org/, 79.1% of fathers having limited visitation rights pay their court-ordered child support and 44.5% of those fathers having no visitation rights at all nonetheless still pay child support.

Of course, no one is suggesting that, simply because they pay child support, those fathers, (or any non-custodial parents), deserve any special reward.  After all, those dads helped bring these kids into the world, too, and it is their legal and moral obligation to help support their children.  Also, I'll bet that most of us would agree that the true "deadbeat dads" should be severely sanctioned.  But sometimes, I believe it is also important to keep things in perspective, including the point that most non-custodial parents "out there" are, in fact, supporting their kids and doing the right thing!   What do you think?

Divorce, Judicial Discretion, and Square Rocks

On my desk, at The Goolsby Law Firm, LLC, located in Augusta, Georgia, sits this square rock!  (I guess that, technically, the rock would be considered a cube)!  What does a square rock have to do with a divorce-related blog?  Consider the following point.

Although family law judges generally follow guidelines which normally apply to most divorce or child custody cases, it is important to recognize that they also generally retain some discretion to deviate from the norm.  And there is a good reason for this judicial discretion.  Simply put, not all people and not all divorce cases are alike.  Just as most rocks are round, occasionally, you run across one that is square!  For instance, Georgia's child support guidelines might dictate that a parent should pay a certain prescribed amount of child support.  However, a judge is granted discretion to deviate from the prescribed amount if, for example, the parent is temporarily unemployed, or otherwise has lower income.

Frankly, as a divorce attorney, I am glad that judges retain some discretion to depart from the norm.  After all, not all of us rocks are round!  Don't you agree?

Divorce Checklist: Planning For A Divorce

As divorce attorneys in Augusta, Georgia, every day, we talk with people who are thinking about, or in the process of, going through a divorce.  Of course, you don't have to be a divorce lawyer to realize that it might be helpful, if you are contemplating a divorce, for you to take steps to be prepared for it.  Here are a couple of practical tips for you to consider and for you to discuss with your own divorce attorney:

1.  GATHER FINANCIAL RECORDS:

If you are seriously considering a divorce, then you need to begin gathering all your financial records.  For instance, go ahead and try to put your hands on copies of your house deed, car titles, job earnings statements, (for both you and your spouse), credit card and loan documents, and copies of retirement account statements.  These documents will help you and your divorce lawyer to size up your financial situation, as you plan for your divorce.

2.  PLAN A BUDGET:

If you are thinking about getting a divorce, you also should sit down and plan a budget composed of what your expected monthly living expenses will be following the divorce.  Although some items, such as rent, groceries, or utilities, will be difficult to project, (especially if you are uncertain about where you will live), preparing a budget will at least help you to begin the process of estimating how much you will need to get by on.  Then, you will be in a better position to know how much money you will need to seek when you begin to discuss alimony, property division, and child support issues with your divorce attorney.

Going through divorce is almost never easy.  But I hope these practical divorce tips will help you focus on how to prepare, as you prepare for your own divorce!

Step Parent Adoption: Surrender of Parental Rights

At the Goolsby Law Firm, LLC, as father and son Augusta, Georgia divorce attorneys, we generally offer free initial consultations. As a result, each day, we get callers from all over Georgia who are looking for information about divorce, child custody, adoption, and countless other family law issues. (Of course, you should always consult with your own divorce lawyer about your own particular situation!)

One common issue which we receive calls about involves whether a parent can voluntarily surrender their parental rights. That's right! Can you believe it!? Some folks "out there" actually want to know if they can give up, or avoid, all parental responsibility for their children! Generally, in most cases, we simply tell such callers that you simply cannot "turn over" your kids and avoid responsibility for paying child support!

Of course, each situation is different. In other words, in some situations, a surrender of parental rights is possible and can lead to a positive result. For example, it is possible for a parent to surrender his parental rights if his spouse has re-married and the new step father is willing to adopt the kids and support them. In this situation, the kids will hopefully be taken care of by a new father who will love and support them. The results in this situation can be fantastic!

However, what is your opinion of the deadbeat parents "out there" who, even if they are gainfully employed, simply want to find a way to avoid paying child support? In your opinion, should a parent be easily allowed to surrender his or her parental rights?

Divorce: Getting "Sluggo" to Pay for College

One question which we, (as Augusta, Georgia divorce lawyers), often get asked is: "Can I get the judge to make my spouse, "Sluggo," pay for the kids' college expenses?

The simple, unfortunate answer we generally must give is, "No." In other words, in Georgia, after the children turn eighteen, the non-custodial spouse is generally off the hook for court-ordered child support. But there still may be hope!

In other words, even though a judge may not order "Sluggo" to pay for the kids' college expenses, it is important for you to remember that this is a matter which you can raise with your divorce attorney and, with your divorce attorney's help, it can be negotiated and potentially included as part of a settlement agreement. So, don't give up on the idea. Instead, please just raise and discuss the idea with your divorce lawyer.

And please also don't forget that you should also discuss with your divorce attorney the idea of negotiating for spousal support, too, so that you, too, can afford to join your child at the University of Georgia!

Contempt Motions: Document, But Do Not Deviate!

We have discussed before in this Georgia divorce law blog the importance of keeping a diary, or journal, of every time that your worthless spouse, "Sluggo," is mean to you, or does you dirty! Your divorce lawyer can possibly use that information to help you in your divorce. But this same tip also applies to potential contempt actions. In other words, "Young Grasshopper," it is wise for you to keep pen and paper handy AFTER your divorce, too!

Let's assume, for example, that your deadbeat ex, Sluggo, is running behind on making child support payments, or that he has otherwise failed to live up to your settlement agreement. What should you do?

First, you should contact your divorce attorney about filing a contempt action and taking good ole' Sluggo back before the judge.

But the point here is that, when you see your divorce lawyer, it will help if you have kept meticulous records, including dates and occurrences, of all of Sluggo's violations of the settlement agreement, or court order. In addition, in my opinion, you should rarely give permission to Sluggo to deviate from what the judge had ordered. It might be difficult for the judge to hold Sluggo in contempt for violating the order if you have permitted deviations and made his requirements less clearcut.

Finally, in my opinion, if Sluggo pays child support directly to you, then you should generally NEVER accept cash, (or give cash, if you are Sluggo!), in lieu of a check, as payment of child support or any other obligation. Again, the point is that it is important for you to be able to document everything if you must take your ex back to court and, at least in this one context, cash just doesn't cut it! Now, I realize that, in the real world, if you need the cash which Sluggo is waving around to buy groceries or diapers, then you may very well need to take it, but, even then, you should faithfully write down how much he gave you and when. And if ole' Sluggo had a brain, he would demand a written receipt, too!

Every situation is different. Please discuss your situation with your own divorce attorney. But if you ask me, I will generally tell you: Document, document, document...but do not deviate!

Georgia's Child Support Guidelines

In the “good old days” in a Georgia divorce, (i.e. prior to 2007), child support was easier for a divorce lawyer to calculate, and generally was simply based upon a percentage of the noncustodial spouse’s income. And in those “good old days,” the parties in a Georgia divorce had greater flexibility, compared to today, about setting the amount of child support. But all that changed on January 1, 2007 with the passage of the Georgia child support guidelines, (see O.C.G.A. 19-6-15).

Georgia child support is now determined by your divorce attorney in accordance with the Georgia child support guidelines, based upon the gross income of both parties to a divorce. Parties in a Georgia divorce can no longer simply agree about an appropriate child support amount between themselves, unless the parties’ settlement agreement contains findings that a judge determines sufficiently support a deviation from the guidelines’ amount. In other words, in Georgia, the child support guidelines generally rule!

When calculating the child support guidelines, your Georgia divorce lawyer should initially determine each party’s gross income (and you should generally take into account income from just about any source, including your Georgia lottery winnings). If one of the spouses has previously had court-ordered child support for another child, then that spouse may be entitled to a deduction of that amount from his gross income amount.

Next, your divorce attorney will add each parent’s adjusted income figures together to compute the combined adjusted income. Then, your lawyer will locate the basic support obligation amount by referring to a child support obligation table. Next, you calculate the noncustodial spouse’s pro rata share of the basic child support obligation amount. You then make adjustments, in appropriate cases, based upon such things as whether there are health insurance costs (for the child), or whether there are work-related child care costs. In other words, as an example, if the custodial mother has to pay daycare costs, then the guidelines call for an adjustment which will require the noncustodial dad to pay his pro rata share of that daycare cost. Finally, the guidelines also allow some room for deviations from the presumptive guideline amount, in appropriate cases.

This is just a quick review of some of the types of issues which are generally considered in determining child support under Georgia’s new child support guidelines. Hopefully, the child support guidelines generally determine a fair child support amount which equitably takes into account both parties’ incomes. And hopefully, the guidelines will do a better job of ensuring that child support will actually be paid to Georgia’s children of divorce. Maybe the “good old days” when parties could more easily manipulate child support weren’t really so good after all.