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Understanding Child Support and Primary Physical Custody in Georgia

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Publish Date: 09/16/2024

What is Primary Physical Custody?

In Georgia, primary physical custody means that a child resides with one parent for more than 50% of the time. This parent, known as the primary custodian, provides the majority of day-to-day care and has the child living with them most of the time.

The other parent, referred to as the secondary custodian, has the child for the remaining time. While Georgia law does not mandate a specific custody arrangement, the general goal is to allow the child to maintain a relationship with both parents, so long as it is safe for the child.

Who Pays Child Support?

Typically, the parent who does not have primary physical custody is required to pay child support to the custodial parent. This financial support helps cover the child's living expenses, healthcare, and other needs.

However, under certain circumstances, a court may order the primary custodial parent to pay child support to the non-custodial parent. This can occur if the court determines that such an arrangement serves the child's best interests, as was the case in James v. James (1980). In this decision, the Georgia Supreme Court upheld a ruling requiring a primary custodian to pay child support to facilitate the other parent's visitation.

How is Child Support Calculated?


In Georgia, child support calculations are computed using the Georgia Online Child Support Calculator. This tool considers both parents' incomes, the number of children, and other relevant factors to determine a "presumptive amount" of child support.

The Basic Child Support Obligation (BCSO) is not final and can be adjusted based on health insurance costs, childcare expenses, and the amount of parenting time each parent has. The court has the discretion to modify the presumptive child support amount to better fit the needs of the child and the financial realities of the parents.

In summary, even a parent with primary physical custody may be required to pay child support under certain circumstances, highlighting the court's role in ensuring the child's best interests are met in a variety of situations.

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