Understanding Child Support in Georgia

What is Child Support?

Under Georgia Code § 19-6-15, "child support broadly encompasses any periodic or lump-sum payment of cash, as well as the duty to provide health insurance, cover uninsured medical expenses, or any other obligation imposed or imposable under Georgia's child support guidelines." This includes the presumptive amount of child support, the basic obligation, health insurance, and work-related childcare costs

Initiating a Child Support Request 

A child support request in Georgia is typically initiated through the Georgia Division of Child Support Services (DCSS). Parents can open a child support case by contacting the DCSS at 1-877-GADHSGO (1-877-423-4746). While individuals receiving Temporary Assistance for Needy Families (TANF) or certain Medicaid benefits may receive assistance without applying, others must complete an application and pay a fee of $25. The process includes locating the noncustodial parent, establishing paternity if necessary, filing a support order, and setting up payment arrangements.

Recipients of Child Support Payments 

The noncustodial parent makes child support payments to the custodial parent or primary custodian responsible for the child's daily care. These payments are intended to cover various expenses, including daily living, daycare, medical and dental, after-school care, special needs, and extracurricular activities.

Calculation of Child Support

Georgia employs an "income share" model to calculate child support, considering both parents' gross monthly incomes. The Basic Child Support Obligation (BCSO) Table, updated as of July 1, 2024, serves as a guideline for determining the base amount of support. This table accommodates adjusted gross incomes up to $40,000 per month, with provisions for high-income deviations when applicable.

The calculation process involves several steps:

1.      Combine Parental Incomes: Add both parents' gross monthly incomes.

2.      Determine Basic Obligation: Use the BCSO Table to find the base support amount.

3.      Allocate Percentages: Calculate each parent's share of the total income.

4.      Adjust for Parenting Time: Credit for overnight stays exceeding 30% annually.

5.      Add Extraordinary Expenses: Include costs for healthcare, education, and childcare.

Who can request child support?

·         The custodial parent or legal guardian

·         A government agency providing public assistance (e.g., TANF or Medicaid)

·         The child's representative (in rare cases where the child is represented independently)

Eligibility to receive child support in Georgia depends on several factors:

·         The child must be under 18, or under 20 if still in high school and not married or emancipated

·         The requesting parent must provide primary care for the child

·         Paternity must be legally established if the parents were never married

Child Support and Visitation Rights 

Visitation refers to the noncustodial parent's legally granted right to spend time with their child. In Georgia, visitation is considered separately from child support obligations, meaning a parent must still pay child support even if denied visitation, and vice versa.

Who is eligible for visitation? 

·         The noncustodial parent typically receives visitation rights unless deemed unfit.

·         Grandparents may petition for visitation under certain conditions (e.g., if the child's parents are separated or one parent is deceased)

·         In a few cases, siblings or other relatives have successfully petitioned visitation if it is in the child's best interest.

It's critical to note that visitation rights are not automatically granted when child support is established. They must be requested separately through a custody or visitation petition filed in Superior Court. Parenting plans are often required in contested custody cases, outlining each parent's rights and responsibilities, including visitation details.

Why Legal Guidance Matters

Child support and visitation are complex legal matters that require professional guidance. Withholding visitation due to unpaid child support is illegal and can lead to court penalties. Failure to pay support does not justify denying someone their visitation rights. Contact us at (912) 254-7361 for legal consultation on family law issues.