Is Lump Sum Child Support Permissible?
Lump
sum alimony is not an uncommon form of alimony in Georgia, but can child
support be also awarded in lump sum? Although lump sum child support is not
very common, an order for such lump sum child support is allowed in Georgia. See
generally Ward v. Ward, 268 Ga.App. 394 (2004). Nonetheless, lump
sum child support should still be in accordance with the Georgia Child Support
Guidelines codified at O.C.G.A. § 19-6-15. That is, the required findings, such
as each party's gross monthly income, need to be made, and Child Support
Worksheets must be prepared and submitted before an order for lump sum child
support can be granted by the court.
How Is Lump Sum Child Support Different from Traditional Child Support?
The usual child support award would
generally be monthly payments during the duration of the child support
obligation (the duration of child support obligation would be spelled out in
the child support order). For example, a Child Support Addendum (i.e., child
support order) may contain the following language for a monthly child support
award:
"Mother shall pay to Father, for the support of the minor
child, the sum of One Thousand and 00/100 Dollars ("$1,000.00) beginning on
March 1, 2025 and on the first day of every month thereafter until the
termination of child support obligation."
However,
a lump sum child support award would look very different than a monthly child
support award. The following is an example of what lump sum child support may
look like:
"As lump sum child support, Father shall pay the sum of Three
Hundred Thousand and 00/100 Dollars ($300,000.00) to Mother. All funds shall be for the benefit and
education of the children. Father shall pay quarterly installments of Thirty-Seven
Thousand Five Hundred and 00/100 Dollars ($37,500.00) to Mother for a period of
twenty-four (24) months. This lump sum
is based upon the assumption that Father would have one-hundred eighty (180)
months of child support obligation, in the amount of One Thousand Six Hundred
Sixty-Six and 67/100 Dollars ($1,666.67) per month."
There
may be other variations of a lump sum child support award. In the Ward
case, the Georgia Court of Appeals held that the jury was authorized to require
the father to sell a piece of real property owned by the father and to pay 50%
of the proceeds to the mother as lump sum child support. Ward v. Ward,
268 Ga.App. 394 (2004). However, the Court held that the jury was not
authorized to order the father to convey an interest in his real property to
the child as child support.
If
lump sum child support is something that the parties are considering, the
parties should also consider other aspects of the Georgia Child Support
Guidelines, such as splitting the child's uncovered medical expenses, costs for
the child's health insurance and work-related childcare, and any deviations on
the Child Support Worksheets. Also, the parties may need to consider whether future
modification of a lump sum child support award would be an option or not.
Correctly
drafting the language for lump sum child support may be tricky, so it may be
wise to consult with a Georgia Divorce Lawyer about this topic.
Written by: Daesik Shin