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.