New Low-Income Adjustment
On January 1, 2026, Georgia will
implement significant changes to its child support calculations with the
introduction of Senate Bill 454. This legislation replaces the existing
low-income deviation with a new mandatory low-income adjustment, aimed at providing
a more precise and uniform approach to calculating child support for low-income
parents.
Currently, the low-income deviation in Georgia allows courts or juries to consider reducing child support payments to ensure they are appropriate and in the best interest of the child. This system, however, offers considerable discretion, leading to variability and potential inconsistencies in child support awards. Recognizing the need for a more standardized method, Senate Bill 454 introduces the low-income adjustment.
Low-Income Adjustment Table
The new low-income
adjustment will be accompanied by a detailed low-income adjustment table. This
table is designed to add clarity and precision to how a parent's low income is
reflected in the child support worksheets. Unlike the current deviation, the new
adjustment is mandatory, ensuring that it is applied consistently across all
relevant cases.
For example, under the new system, if one
parent's monthly adjusted gross monthly income is $1,800, and they have 2 children,
the parent's child support obligation would be the lesser of $456 (per the low-income
table) or the presumptive amount of child support for two minor children. This
ensures the child support obligation is tailored to the parent's financial
situation, providing a more balanced approach which considers both the parent's
ability to pay and the child's needs.
The mandatory low-income adjustment
aims to strike a fair balance, reducing the financial burden on low-income
parents while maintaining support for children. By removing the subjective
element of the low-income deviation, the new system promotes uniformity and
fairness in child support calculations.