Child Support

Child support in Georgia is determined by Georgia divorce statutes and a mathematical formula. A "one size fits all" approach to divorce, if you will. Courts establish the correct amount of child support to be paid, essentially as described in the above table. Should there be requests to deviate from established child support guidelines, the court can consider the following: 1. The ages of the children, 2. Educational costs, 3. A child's extraordinary medical costs, 4. Day-care costs, 5. Shared physical custody arrangements, 6. A party's support obligation to another household, 7. Income that a party may have that is suppressed, 8. Self-employed income, 9. A party's own extraordinary expenses, 10. Extreme economic

circumstances, 11. The history of spending in the family for children, 12. Cost of living factors, 13. Any other factor the court deems to be required by the ends of justice.

• Georgia Low Income Resources
• Georgia Conflict Resolution Program Mediation
• Georgia Child Support Calculator
• Georgia Coalition Against Domestic Violence
• Georgia State Bar Association
• Georgia Offices of Child Support
  Services
• Georgia Family Laws
• State Fact Sheets for Grandparents and Other Relatives Raising Children

Georgia divorce statutes provide that in cases where a marriage annulment or marital annulment is sought, and there are children of the marriage, that those children be afforded the same rights, protections and parental financial support, including that the children are not considered illegitimate offspring of the parents, that other children of the state receive.

Child support will be determined on divorce laws guidelines unless the court sees reason for child support to deviate from those guidelines.

Monetary child support can be assigned to one or both parties. The Georgia Department of Human Resources, Office of Child Support Services (OCSS) helps children by enforcing parental responsibility to pay financial support. All Georgia families have access to OCSS services, which include assistance with locating non-custodial parents, confirming paternity, establishing and enforcing child support and medical support orders, and collecting and distributing payments. OCSS also provides the Georgia Fatherhood Services Network and the Access and Visitation Program, both devoted to increasing non-custodial parent involvement in a child’s life. If you're looking for guidelines, or you wish to complete worksheets to determine child support amounts, you may access that information via the links above.

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Child Custody

In all cases in which a divorce is granted, the party not in default will be entitled to the custody of the minor children of the marriage. In cases where a divorce is granted, a divorce is pending, or a change in custody of a minor child is sought, the court may consider all the circumstances of the parties and make a ruling that could place children of the marriage with guardians appointed by the court.

"Best interests of the child" prevails in all considerations, which includes child custody. The court, guided by Family Law, will consider evidence of family violence in its rulings. Any relocation that results from domestic violence is considered self-preservation and not any form of abandonment. Family violence not fully document will be admissible. Supervised visitation can be ordered if facts warrant such a condition. Children reaching the age of fourteen have the right to select which parent

they wish to live with. These wishes will be granted unless the selected parent is found to be unfit to carry out the responsibilities of custody. Those children age 11 or greater will have a voice in which choosing which parent they wish to live with, but these wishes are not binding to child custody rulings until they reach age 14.

Temporary child custody can be awarded for up to six months in

cases where the court determines it is justifiable. Visitation can be modified by a motion to the court, and cannot be considered unless two years have passed since any previous child custody ruling has occurred. Material changes in circumstances do not need to be demonstrated to petitions for a change in child custody. Georgia divorce law requires that the custodial parent notify the non-custodial parent in writing when a change

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of address has occurred. Should there be others granted visitation (grandparents or others), the custodial parent must also provide a written change of address. 30 day notice is the law.

The Georgia Department of Human Resources, Office of Child Support Services (OCSS) helps children by enforcing parental responsibility to pay financial support. All Georgia families have access to OCSS services, which include assistance with locating non-custodial parents, confirming paternity, establishing and enforcing child support and medical support orders, and collecting and distributing payments. OCSS also provides the Georgia Fatherhood Services Network and the Access and Visitation Program, both devoted to increasing non-custodial parent involvement in a child’s life. If you're looking for guidelines, or you wish to complete worksheets to determine child support amounts, you may access that information via the links above.

Visitation/Co-Parenting

The parents have an opportunity to reach an agreement about visitation or parenting time. If they are unable to agree, the court will impose its judgment on this issue. Visitation for the non-custodial parent is typically every other weekend, one night per week, alternating holidays and birthdays, and at least several weeks in the summer. Should a child age 14 an older decide to live with the non-custodial parent, courts in Georgia will generally agree to this. Change of custody must be filed, however, and a change in child support effected.

The court takes into consideration what each parent wants, what the child wants (if the child is old

enough and/or mature enough), which parent has been the primary caretaker and the parenting abilities of each parent. Any reported abuse is also taken into consideration. Couples should focus on the visitation/shared parenting schedules. Include drop-off and pick-up times and locations. Make certain both parents have access to school records, medical records, teachers and activities. Define when vacations begin and end. Share birthdays. Plan summer visitation. Above all, be considerate. If you and your spouse cannot agree, the court will award the non-custodian, in most cases, every other weekend, one or two nights per week (not overnight), alternating holidays, Mother's and Father's Days, and a month in the summer. Above all else remember the visitation is maintain some

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continuity in the kids lives, reduce the chance they'll think they are the cause of the divorce, and to put their interests before the parents. Any reported abuse is also taken into consideration. Couples should focus on the visitation/shared parenting

Be aware that you have to guide your side of the divorce. Don't rely that your attorney will think of everything. You set the course; your lawyer navigates. If you anticipate any problems with custody or visitation, we suggest you own Child Custody Strategies.

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Alimony/ Maintenance/ Spousal Support

Alimony can be granted from one party to the other, and is intended to support the other party when living separately. It can be temporary or permanent. Alimony will not be granted if it is found that the petitioning party's actions through adultery or desertion are the basis for the filing. Alimony (it is also referred to as spousal support or maintenance) can be considered when either party dies prior to an alimony ruling, and will apply to the decedent's estate. Georgia law mandates that neither party make material changes to their estates pending a final determination of alimony. The court may grant permanent

alimony to either party. The following will be considered in determining the amount of alimony, if any, to be awarded: 1. The standard of living established during the marriage, 2. The duration of the marriage, 3. The age and the physical and emotional condition of both parties, 4. The financial resources of each party, 5.The time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment, 6. The contribution of each party to the marriage, 7. The condition of the parties ( the separate estate, earning capacity, and fixed liabilities of the parties ), 8. Such other relevant factors as the court deems equitable and proper, 9. Permanent alimony will terminate upon remarriage of the party to whom the

obligations are owed unless otherwise provided.

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Grounds For Divorce

in either of the parties after marriage, 7. Desertion by either of the parties for the term of one year, 8. Moral turpitude, and imprisoned for two years or longer, 9. Habitual intoxication, 10. Cruel treatment, 11. Incurable mental illness,12. Habitual drug addiction, 13. The marriage is irretrievably broken. Under no circumstances shall the court grant a divorce on this ground until not less than 30 days from the date of service

on the respondent.

The court will deny a divorce if it finds evidence that the parties have consented to any activity which would be grounds for divorce. Cohabitation following any act that would qualify as grounds for divorce would prohibit a dissolution of marriage.

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Marriage Annulment
Marital Annulment

Unlike a divorce, which dissolves a valid marriage, an marriage annulment is a legal decree that the marriage is now void and was invalid from its inception. An annulment may be granted if one or more of the following conditions were present: You

were fraudulently induced to enter into the marriage, your spouse was married to another living spouse at the time you entered into the marriage, you were forced to enter into the marriage,you were under the age of 16 when you entered into your marriage, you did not have the mental capacity to enter into a contract, or you married a blood

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relative too closely related to you, such as parent/child, stepchild; grandparent/grandchild; aunt/nephew; uncle/niece relationships. In the case of a marital annulment, it must be petitioned for like a divorce, and grounds proven to the court.

Marriage Counseling/
Mediation

The Georgia court may, using its own discretion, order the parties to alternative dispute resolution (mediation), as provided for by state law. Simply stated, the court can decide if one or more contested

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issues are better served with mediation as a prelude to the court's ruling on the issue(s). Mediation can often shorten the divorce process, and reduce the wrangling that increases costs to the process. Marriage counseling can be a part of this process if it appears it will be constructive.

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Legal Separation/ Marital Separation

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a legal benefit (to maintain insurance, social security, etc.). One is not required to have this form of legal separation or marital separation take place as a requisite of marriage, although in a dissolution you must affirm that your and your spouse have been living separate lives.

Waiting Period

In cases of irretrievable breakdown of the marriage, the state of Georgia requires a waiting period of 30 days from the date of service upon the respondent. No waiting period exists for remarriage after a dissolution becomes final.

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Grandparents Rights

Grandparents have the right to file an original action for visitation rights to a minor child. Such a petition will be considered if the parents of any minor children are separated, and the child is living with one of the two parents. If the family unit is intact, no grandparents visitation rights will be granted. Best interests of the child govern.

To amend previously granted visitation rights to grandparents, the parent or legal guardian must show cause, and may not petition the court more frequently than once every two years.

State Fact Sheets for Grandparents and Other Relatives Raising Children

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Divorce Settlement

You and your spouse are afforded the opportunity to fashion a divorce settlement of your assets and liabilities. If you are not able to reach a divorce settlement (or agreement), the court will make the division, and in doing so, will do it consistent with being an "equitable distribution" state. The court will distribute the marital assets and liabilities of the parties in an equitable and just way, although the marital assets of the parties may not be evenly divided.

All property determined to be non-marital will be removed and distributed prior to a determination of marital property. What you came into

the marriage will essentially be what you leave it with, along with an equitable distribution of those assets you helped to accumulate. Did you come into this marriage owning a house? Concerned about the equity in that house

that you brought into the marriage? Worried that property you brought into the marriage may be part of a divorce settlement? Here's how it works generally. What you brought into the marriage is usually all yours. However, any appreciation of the house or the property value is normally treated as a "marital asset", meaning that you will likely forfeit a third to a half of that appreciation to your spouse in the divorce.

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Residency Requirements

Petitions for divorce (dissolution of marriage) must be filed by those persons who have established residency in Georgia. This simply means that in order to have a petition

accepted, you have to be a resident of Georgia for at least six months prior to the filing. Military personnel who were Georgia residents and have been deployed elsewhere are considered Georgia residents during the time away from Georgia.

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