Johns Creek Child Support Lawyers
Child Support Lawyers in Johns Creek
Given the length of time that child support can last and the importance of taking care of the children, child support is typically one of the most critical issues in family law and divorce. Child support can be very procedural with a number of documents that may need to be filled out and filed. Given the complexities of child support law, it's important to choose a Johns Creek child support lawyer who specializes in family law and has substantial experience with child support cases. At Meriwether & Tharp, we dedicate our practice to child support, divorce, and family law, with over 25 years of helping clients navigate difficult situations. Don't hesitate to call now for a free telephone consultation.
As you consider what child support will look like in your case, it is important to understand how child support is calculated in Georgia. The child support number isn't something that a judge or the parties make up on their own. Child support is calculated using the Georgia Online Child Support Calculator. The parties will enter in information about their income and children into the Child Support Worksheet (this worksheet is incorporated into the Online Child Support Calculator). The courts prefer for the parents to come to an agreement on a child support calculation, but if the parents cannot agree, a Johns Creek child support case will likely be decided by a judge in Fulton County or Gwinnett County depending on where in Johns Creek the parties live.
Once child support has started, most people will
want to know when it officially ends. Most people have heard that child support
payments end at 18. This is only partially true. While child support payments
are for minor children, there are circumstances where child support could end early
(before the age of 18) or end later (after the age of 18). Parents may also
discuss paying for college expenses past the age of 18. These topics and more
will be explained below.
How is Child Support Calculated in Johns Creek?
The biggest question our clients ask our Johns Creek child support lawyers is, "how is the amount of child support decided?" Child support in Georgia is designed to ensure that a child's financial needs are met as if the parents were together, using their combined resources. This calculation using those combined resources starts with the Child Support Worksheet, which is filled out online via the Georgia Online Child Support Calculator.
How does the Online Child Support
Calculator Work?
The Online Child Support Calculator which contains the Child Support Worksheet, requires the monthly gross income details of both parents, including not just salaries but also any other sources of income. Gross income could include (but is not limited to) commissions, fees and tips, bonuses, interest income, dividend income, capital gains, Disability or retirement benefits that are received from the Social Security Administration, and even lottery winnings. Once both parents' monthly gross income is entered, the worksheet calculates a presumptive amount of monthly child support called the Basic Child Support Obligation (BCSO). The BCSO pulls its numbers from a table put forth by the Georgia Legislature. The table uses the combined monthly gross income amount of parents along with the number of children to determine the amount of monthly child support.
Please note, the BCSO monthly child
support payment number may not be set in stone. The BCSO amount can be adjusted
through mandatory adjustments and discretionary deviations. Mandatory
adjustments include costs like health insurance and work-related child care,
while discretionary deviations consider specific family circumstances. The
resulting worksheet can then be printed and, if both parents agree, signed and
submitted to the court to be formalized. Adjustments and deviations to the
child support can be no doubt be tricky. It's best to talk to one of our experienced
child support lawyers for assistance on this issue.
When Does Child Support End in Johns Creek?
When do Child Support Payments Stop?
One common question clients ask our Johns Creek child support lawyers is, "when do child support payments stop?" Most people have heard that child support payments are for minor children and therefore should stop at age 18. The law actually goes one step further. Throughout the state of Georgia, the law permits for child support payments to terminate when a child turns 18 or graduates from secondary school, whichever occurs later. It is important to note, that even if the child is older than 18 when they graduate secondary school, child support will still end when the child reaches the age 20, even if the child has not graduated from high school.
There are some other exceptions to take note of
as well. For example, child support payments stop if the child becomes emancipated,
gets married, or one of the parents or the child passes away. Child support payment
could also stop via court decree or custody change.
Child Support Beyond the Age of 20? College Expenses?
While the court cannot order child support to be
paid for a child 20 years old or older, the parents may be able to come to an agreement between themselves to have child support paid past the age of 20 or
to have college expenses paid for. If parents are able to come to agreement
about how long after 20 years old child support should be paid or how much college
expenses should be paid, the court can incorporate this agreement into its Final
Order. It is important to note that the
court will not incorporate just any agreement. The agreement must serve the
best interests of the child and it must be fair and equitable under the
specific circumstances of the case. The determination of whether or not it meets
the best interest standard may be difficult. It's best to contact one of our Johns
Creek Child Support attorneys for assistance in this matter.