Atlanta Child Support Attorney
Determining the Amount of Child Support and Whether the Amount should be Adjusted Upward or Downward
How an Atlanta Child Support Lawyer Can Help
For families in Atlanta, navigating Georgia's child support laws can be overwhelming. At Meriwether & Tharp, our experienced Atlanta child support attorneys ensure your child's financial needs are fairly represented, whether you are establishing, modifying, or enforcing a support order. We guide you through the complexities of the Georgia Child Support Worksheet, identifying crucial factors that can impact the final amount, from calculating gross income to arguing for necessary deviations in Fulton County and surrounding courts. We're here to protect your rights and your child's future.
Why Choose Meriwether & Tharp for Your Atlanta Child Support Case?
We understand that nothing is more important than your children's well-being. Securing a fair child support arrangement is critical for their future and your peace of mind. When the stakes are this high, you need more than just information—you need a dedicated legal advocate. At Meriwether & Tharp, we provide the expertise and compassionate guidance necessary to navigate the complexities of child support law in the Atlanta metro area.
Decades of Experience in Atlanta Family Courts
Our attorneys have decades of combined experience practicing exclusively in family law within Fulton, DeKalb, Cobb, Gwinnett, and surrounding county courts. We aren't just familiar with Georgia's child support statutes; we are intimately familiar with the local court procedures, staff, and judicial philosophies. This local knowledge is an invaluable asset in preparing and presenting your case effectively.
A Strategic Approach to Deviations and Calculations
A child support calculation is rarely as simple as plugging numbers into a worksheet. Our deep understanding of how local Atlanta judges interpret and rule on deviations—such as for high income, special needs, or parenting time—allows us to build a strategic case tailored to your unique circumstances. We know what arguments are persuasive and how to present evidence that can lead to a more just and equitable outcome.
A Law Firm That Puts You and Your Children First
To us, you are not just another case number. We believe in building a partnership with our clients based on trust and transparent communication. We take the time to listen to your story, understand your goals, and keep you informed every step of the way. Our commitment is to advocate tirelessly for your rights and the best interests of your children, from initial negotiations to courtroom litigation.
Meet the experienced attorneys who can guide you through this process.
Georgia Child Support Calculation Step by Step
The Child Support Worksheet in Atlanta Divorces
Child Support in Georgia is calculated using the Child Support Worksheet. The Child Support Worksheet should be filled out online using the Georgia Online Child Support Calculator. You will need to sign up and create a log in. You will need to have both your income information and your spouses' income information handy.
Filling Out The Child Support Worksheet
To complete the child support worksheet, you must must gather all of your monthly income information and the other parent's monthly income information as well. The worksheet requires you to enter in both parties' monthly gross income. Once your income information is filled out, the worksheet will generate a "presumptive amount" of monthly child support that could be varied upward or downward in amount by using deviations.
Calculating Monthly Income
The worksheet requires you to enter in your monthly gross income. Gross income includes more than just salary and wages, it can include nearly any type of income. It's important to familiarize yourself with what must be included. Even if your income is variable from month to month or you don't earn a monthly income, you will still be required to input something in the worksheet.
Adjustments & Deviations: Changing the Amount
When calculating child support, the worksheet creates a presumptive amount of child support based on both spouses' monthly income. It is possible that this amount may not be the fair and equitable amount - it may be necessary to adjust or deviate that amount upward or downward depending on each family's unique circumstances. Child Support Adjustments are mandatory adjustments to the child support amount. They must be used if they are applicable. Deviations (also known as non-mandatory deviations or discretionary deviations) do not have to be considered unless the parties agree to consider it or judge decides it is necessary.
Finalizing a Fair Child Support Order in Atlanta Courts
Once the Georgia Online Child Support Calculator is filled out, the worksheet created is then printed. Both parties can agree and sign off on the amount in the worksheet and submit this worksheet to court to be signed and made into a court order. If the parties disagree, and each has their own worksheet with differing amounts, the court will consider both worksheets and applicable deviations and the court will use its discretion to determine the correct child support monthly amount.
When Does Child Support End?
Child support typically ends when the minor child reaches 18 years old. However, Georgia law allows for certain situations where child support could end early or situations where it may extend to 20 years old. Every family's situation is unique - marriage, emancipation, death etc. can all alter the situation.
What if Child Support isn't Being Paid?
If child support isn't being paid there are several penalties for the delinquent payer like being found in contempt of court, license revocation, wage garnishment or even jail. The parent seeking child support can choose to file a contempt action to have their child support order enforced. Note that there are some defenses the delinquent payer could use like "inability to pay".
Child Support FAQs
Q How does child support affect my taxes?
Child support is not deductible to the parent paying support and it cannot be included in the income of the parent receiving support. Normally, one parent could use the deduction for dependency exemptions - but that deduction is suspended from 2018 through 2025 via the Tax Cuts & Jobs Act. Please note that a larger more robust Child Care Tax Credit is available for qualifying parents.
Q Who will pay college expenses?
Courts cannot order parents in Georgia to pay college expenses. If the parties wish to designate who will pay college expenses, they may include the agreed upon provision in their Settlement Agreement. Both parties may sign and agree to this provision and submit it to the court. Agreements to pay college expenses operate under contract law rather than the law that governs child support.
Q What if my ex and I have 50/50 shared custody? Do I still have to pay child support?
This is a very common question in modern co-parenting. In Georgia, 50/50 or equal physical custody does not automatically eliminate the child support obligation. The law still requires a calculation based on both parents' incomes. However, the amount may be significantly adjusted through a "Parenting Time Deviation." An experienced Atlanta child support attorney can effectively argue for this deviation to ensure the final support amount fairly reflects the shared financial responsibilities that come with equal parenting time.
Q I don't know how much my ex-partner earns. How can an Atlanta attorney help?
This is a situation where legal representation is crucial. If the other parent is not being transparent about their income, our attorneys can use formal legal tools to get the necessary information. Through the "discovery" process, we can demand financial documents like pay stubs, tax returns, and bank statements. If necessary, we can issue subpoenas directly to their employer. Attempting to guess their income is not a valid strategy; hiring an Atlanta family lawyer ensures the child support calculation is based on accurate financial data.
Q What happens if my income (or the other parent's) changes after the order is finalized?
Child support orders in Georgia are not set in stone forever. If there is a "substantial and material change" in the financial circumstances of either parent (such as a significant promotion, job loss, or change in the child's needs), you can petition the court for a child support modification. It is vital that you do not simply start paying less or make an informal agreement. To be legally protected, the change must be formalized in a new court order. We can help you determine if your situation qualifies for a modification and guide you through the legal process.
Q We were never married. Can I still get child support in Georgia?
Absolutely. In Georgia, a child's right to financial support from both parents is completely separate from the parents' marital status. However, before a court can order child support, paternity must be legally established. This can be done if the father signed the birth certificate, or it can be established through a legitimation action or a DNA test. Our attorneys are experienced in handling paternity and legitimation cases in conjunction with child support actions to ensure your child receives the support they are entitled to.