Alimony Award After Pension Matures

Alimony Award After Pension MaturesAlimony Award After Pension MaturesIn this divorce action, the Georgia Supreme Court affirmed the judgment.  The parties settlement agreement awarded the Wife alimony in the amount of $1,250 per month, once her husband’s pension matures.  She complained that the Court made an error when it failed to utilize the time rule formula in determining the parties’ interest in the pension.  However the Court found that the Wife induced the alleged error in urging the trial court to evaluate and distribute the pension as alimony.

The Wife also complained that the Court made an error when it evaluated the alimony payment based on the assumption that the husband ceased participation in the pension plan beginning on August 31, 2009.  However, since the parties introduced evidence evaluating the pension as of that date and neither party took steps to obtain and present updated pension values as of the hearing date the court did not find an error.

Next, the Court found that the trial court did not abuse its discretion in dividing the parties’ marital assets; and the trial court did not err in ruling that the Wife would be entitled to claim at least one-half of the mortgage interest deduction in any calendar year, after awarding her the marital residence.

Finally, the Georgia Supreme Court found the trial court did not abuse its discretion in requiring Hammond to indemnify her husband and hold him harmless for the debts, which the trial court ordered her to pay, and the trial court did not abuse its discretion in awarding Hammond $4,074 in attorneys’ fees.

Alimony Award After Pension Matures – For more information abut his case see Hammond v. Hammond, S11F1978, (02/06/12)

Alimony Award After Pension Matures – If you have questions about an uncontested divorce and/or creating an Alimony award that is in compliance with Georgia law – Contact the Remboldt Law Firm at 404-348-4081 for a FREE phone consultation.

If you are considering an uncontested divorce, you may find the UNCONTESTED DIVORCE WORKSHEET helpful in moving forward with an uncontested divorce.

 

Modification of Parenting Plan by a Third Party

Modification of Parenting Plan by a Third PartyModification of Parenting Plan by a Third Party – Can a parenting plan be written where a third party can make a decision to terminate visitation or even the supervision of visitation – (Modification of Parenting Plan by a Third Party)?  The answer is NO!

The Supreme Court of Georgia addressed this situation by partially reversing the parties final judgment in the parties’ divorce case, holding that the   trial court improperly denied the father’s motion for new trial based on the   incorporation of a parenting plan providing that the child’s therapist had   the authority to determine the termination of supervision of the father’s   overnight visitation with the child. Because the provision was a material   change in visitation that allowed for an automatic change of the father’s   visitation without judicial scrutiny into the child’s best interests, it   constituted an invalid self-executing change of visitation that the trial   court should not have included in the judgment and divorce decree.

Modification of Parenting Plan by a Third Party – Remember – only the court can change a parenting plan order and make a determination as to the child’s best interests as it relates to custody and visitation.  In an uncontested divorce you should avoid having a third party determine if the parenting plan should change custody and/or visitation from what was already ordered by the Court.

For more information about this ruling see:  Johnson v. Johnson   S11F1856 (civil case)   January 9, 2012   BENHAM, Justice.   12 FCDR 80 (01/13/12).

Modification of Parenting Plan by a Third Party.  If you have questions about an uncontested divorce and/or creating a parenting plan that is in compliance with Georgia law – Contact the Remboldt Law Firm at 404-348-4081 for a FREE phone consultation.

If you are considering an uncontested divorce, you may find the UNCONTESTED DIVORCE WORKSHEET helpful in moving forward with an uncontested divorce and creating a Parenting Plan that is compliance with Georgia law.  Also information about the Georgia Child Support Calculation can be found here.

Uncontested Divorce Division of Property

Uncontested Divorce Division of PropertyUncontested Divorce Division of Propertywhat property is divide in an uncontested divorce?  Only real and personal property and assets acquired by the parties during the marriage are subject to equitable property division.  A property interest brought to the marriage by one of the marital partners is a non-marital asset and it si not subject to the equitable division since it was not generated by the marriage. (see Payson v. Payson, 274 Ga. 231 (2001) and Bloomfield v. Bloomfield, 282 Ga. 108 (2007).

The last date on which assets may be acquired so as to be marital assets is the date of the final decree of separate maintenance or the date of the decree of divorce.  (see Friedman v. Friedman, 259 Ga. 530 (1989)

Property acquired during the marriage by either party by gift, inheritance, bequest, or devise remains the separate property of the party that acquired it; and is not subject to equitable division unless the appreciation in the value was caused by efforts of the other party during the marriage. (see Halpern v. Halpern, 256 Ga. 639 (1987).

However, Property does not become a marital asset simply because one of the spouses obtains it during the marriage.  (Dasher v. Dasher, 283 Ga. 436 (2008)).

Gifts between spouses of marital property remain marital property, subject to equitable division.  Also, a gift to a marital couple will become marital property absent evidence of the contrary intent by the donor.  However, a gifts of one souse by the other spouse becomes separate property of the recipient spouse.    (see Bailey v. Bailey 250 Ga. 15 (1992) and McArthur V. McArthur, 256 Ga. 762 (1987).

In a case where the marital residence was purchased by one party prior to the marriage, the other party would be entitled to an equitable share of the net increase in the equity in the marital home attributable to marital funds.  (see Thomas v. Thomas, 259 Ga. 73 (1989)).

Uncontested Divorce Division of Property – If you have questions about an Uncontested Divorce Division of Property or you need help with completing an uncontested divorce – Contact the  Remboldt Law Firm at 404-348-4081.

Additionally, for more information on the Georgia Child Support Calculation Gross Income – you may find the Georgia Child Support Worksheet helpful.  Also, if you are considering an uncontested divorce, you may find the Uncontested Divorce Worksheet helpful in moving forward with an uncontested divorce.

Georgia Child Support Unemployment

Georgia Child Support UnemploymentGeorgia Child Support UnemploymentThe Court will determine if a parent is willfully or voluntarily unemployed or underemployed by considering the reasons for the parent’s occupational choice and assess the reasonableness of these choices in light of the parent’s responsibility to support his or her child and whether the choices benefit the child. (O.C.G.A. § 19-6-15(f)(4)(A).

In determining if a parent is willful or voluntarily unemployed or underemployed, the court will consider occupational choices which may be motivated only by an intent to avoid or reduce the payment of child support.  Additionally the Court may consider any intentional choice or act that affects a parent’s income and if there is a substantial likelihood that the parent could, with reasonable effort apply his or her education, skills or training to produce income.  (O.C.G.A. § 19-6-15(f)(4)(C).

Specific factors considered by the Court in determining will or voluntary unemployment or underemployment include:

  1. Past and present unemployment;
  2. Education and training;
  3. If the parent is pursuing additional training or education, if the pursuit is reasonable in light of the parent’s responsibility to support his or her child and if the child will benefit by increasing the parent’s level of support in the future;
  4. The ownership of valuable assets and resources, such as an expensive home or automobile, that appear inappropriate or unreasonable for the income claimed by the parent;
  5. The parent’s health and ability t work outside the home;
  6. The parent’s role (1) as caretaker of the child, (2) a disabled or seriously ill child, (3) a disabled or seriously ill relative for whom that parent has assumed the role of caretaker.

(see O.C.G.A. § 19-6-15(f)(4)(D).

Georgia Child Support Unemployment – If you have questions about how to use the Georgia Child Support Worksheet when you are determining your gross income, you need help determining your income if you are unemployed or underemployed,  or you need help with completing an uncontested divorce – Contact the  Remboldt Law Firm at 404-348-4081.

 For more information on the Georgia Child Support Calculation Gross Income – you may find the Georgia Child Support Worksheet helpful.  Also, if you are considering an uncontested divorce, you may find the Uncontested Divorce Worksheet helpful in moving forward with an uncontested divorce.

 

Uncontested Divorce Child Support Agreements

Uncontested Divorce Child Support Agreements  – Georgia – Uncontested Divorce Child Support AgreementsBeginning January 1, 2007, the guidelines for calculating permanent child support is based on an “income shares” model which take into account the income of both the custodial parent and the noncustodial parent.  The guidelines apply to child support in both contested and uncontested matters including an uncontested divorce.

In an uncontested divorce child support agreements – the agreements must specify (1) the amount of permanent support, (2) the party paying the support, (3) in what manner, (4) how often, (5) to whom, (6) until when.  (see O.C.G.A. § 19-6-15 (a)).

The parties to an uncontested divorce child support agreements may enter into an agreement settling all questions of child support, however, the court may approve of the agreement in whole or in part, or refuse to approve it all together. (Howard v. Greenway, 223 Ga. 252, 1967).

The parties may enter into an agreement regarding child support as long as 1) it is specific, 2) does not contravene a statute, and 3) does not violate public policy. (Kendrick v. Childers, 267 Ga. 98(1) (1996).

Note:  One parent cannot contract away the right of a child to be support by the other parent, and such a provision in a divorce decree is void.  (Collins v. Collins, 172 Ga. App. 748, 324 (1984)).

The Child Support Guidelines

The child support guidelines are a minimum basis for determining the amount of child support and the guidelines apply as a rebuttable presumption in all legal proceedings involving the child support responsibility of a parent in Georgia.

The guildlines must be used when the court enteres a child support order in an uncontested divorce (O.C.G.A. § 19-13-4 ).  the rebuttable presumptive amount of child support provided may be increased or decreased according to (1) the best interest of the child for whom support is being considered, (2) the circumstances of the parties, (3) the grounds for deviation, and (4) to achieve the state policy of affording to children of unmarried parents, to the extent possible, the same economic standard of living enjoyed by children living in intact families consisting of parent with similar financial mean. (see O.C.G.A. § 19-6-15(c)(1)).

Uncontested Divorce Child Support Agreements- If you have questions about the Georgia Child Support Guidelines, or how to use the Georgia Child Support Worksheet – Contact the  Remboldt Law Firm at 404-348-4081.

You may find the Georgia Child Support Worksheet helpful in calculating a Georgia Child Support amount.  Also, if you are considering an uncontested divorce, you may find the Uncontested Divorce Worksheet helpful in moving forward with an uncontested divorce.

 

Georgia Child Support Calculation Gross Income

Georgia Child Support Calculation Gross Income – When determining income for child support, the “gross income” of each parent shall be used to calculate the presumptive amount of child support to be paid by each parent towards the care of their dependent child or children.  O.C.G.A. § 19-6-15(a)(12) defines “gross income” as all income to be included in the calculation of child support.

Georgia Child Support Calculation Gross Income

O.C.G.A. § 19-6-15(f) provides that “child support shall income all income from any source, before deductions for taxes and other deductions such as preexisting orders for child support and credits for other qualified children, whether earned or unearned, and incomes but is not limited to, the following:” (emphasis added.)

(A) Attributable Income, INCLUDING

  1. Salaries;
  2. Commissions, fees, and tips;
  3. Income from self-employment;
  4. Bonuses;
  5. Overtime payments;
  6. Severance pay;
  7. Recurring income from pensions or retirement plans including, but not limited to, United States Department of Veterans Affirs, Railroad Retirement Board, Keoghs, and individuals retirement accounts;
  8. Interest income;
  9. Dividend income;
  10. Trust income
  11. Income from annuities;
  12. Capital gains;
  13. Disability or retirement benefits that are received from the Social Security Administration pursuant to Title II of the federal Social Security Act;
  14. Workers’ compensation benefits, whether temporary or permanent;
  15. Unemployment insurance benefits;
  16. Judgements recovered for personal injuries and awards from other civil actions;
  17. Gifts that consist of cash or other liquid instruments, or which can be converted to case;
  18. Prizes;
  19. Lottery winnings;
  20. Alimony or maintenance received from persons other than parties to the proceeding before the court;
  21. Assets which are used for the support of the family; and
  22. Other income.

(B) Self Employment Income.  Income from self-employment INCLUDES income from, but not limited to:

  1. business operations (Harrell v. DHR, 300 Ga. App. 497 (2009)
  2. work as an independent contractor or consultant,
  3. sales of goods or services, and
  4. rental properties

LESS ordinary and reasonable expenses* necessary to produce such income.

Income from self-employment, rent, royalties, proprietorship of a business, or joint ownership of a partnership, limited liability company, or closely held corporation is defined as:  Gross Receipts – Ordinary and Reasonable Expenses Required for Operations*=Self Employment Income.

*Ordinary and reasonable expenses of self-employment or business operations necessary to produce income

DO NOT INCLUDE:

  1. Excessive promotional, travel, vehicle, or personal living expenses, depreciation on equipment, or costs of operation of home offices; or
  2. Amounts allowable by the Internal Revenue Service for the accelerated component of depreciation expenses, investment tax credits, or any other business expenses determined by the court or the jury to be inappropriate for determining gross income.

In general, self employment income and expenses from operation of a business should be carefully reviewed.  Generally, the gross income amount of self employment income will differ from a determination of business income for tax purposes.  Partnership shares of businesses reflected in income tax returns may also be considered by the courts when calculating child support. (Appling v. Tatum, 295 Ga. App. 78 (2008)).

C.  Fringe Benefits.  Fringe benefits for inclusion as income or “in kind” remuneration received by a parent in the course of employment, or operation of a trade or business, SHALL be counted as income IF the benefits significantly reduce personal living expenses, INCLUDING, but not limited to:

  1. Use of a company car,
  2. housing, or room and board

Fringe benefits SHALL NOT INCLUDE employee benefits that are typically added to the salary, wage, or other compensation that a parent may receive as a standard added benefit, including, but not limited to:

  1. employer paid portions of heath insurance premiums or
  2. employer contributions to a retirement or pension plan

D.  Variable Income, INCLUDING:

  1. Commissions,
  2. bonuses,
  3. overtime pay,
  4. military bonuses, and
  5. dividends

Variable income SHALL BE AVERAGED by the court or the jury over a reasonable period of time consistent with the circumstances of the case and added to a parent’s fixed salary or wages to determine gross income.  When income is received on a irregular, nonrecurring, or one-time basis, the court or the jury MAY, but is not required to, average or prorate the income over a reasonable specified period of time OR required the parent to pay as a one-time support amount a percentage of her or her non-recurring income, taking into consideration the percentage of recurring income of that parent.

Military compensation and allowances.  Income for a parent who is an active duty member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the merchant marine of the United States, the commissioned corps of the Public Health Service or the National Oceanic and Atmospheric Administration, the National Guard, or the Air National Guard SHALL INCLUDE:

  1. Base pay;
  2. Drill pay;
  3. Basic allowance for subsistence, whether paid directly to the parent or received in-kind; and
  4. Basic allowance for housing, whether paid directly to the parent or received in-kind, determined at the parent’s pay grade at the without dependent rate, but shall include only so much of the allowance that is not attributable to area variable housing costs.

Except as determined by the court or jury, the following SHALL NOT be considered income for the purpose of determining gross income:

  1. Special pay or incentive pay
  2. Allowances for clothing or family separation, and
  3. Reimbursement expenses related to the parent’s assignment to a high cost of living location.

EXCLUSIONS FROM GROSS INCOME

The following are excluded from gross income for purposes of calculating child support. (O.C.G.A. § 19-6-15(f)(2).

  • Child support payments received by either parent for the benefit of a child from another relationship;
  • Benefits received from “means-tested public assistance programs” such as PeachCare for Kids, Temporary Aid to Needy Families (TANF), Food Stamps and Social Security Income received by disabled adult children of deceased disabled workers;
  • Foster care payments paid by the state or an arm of the state agency; and
  • The spouse of a parent or a nonparent custodian’s gross income.

Georgia Child Support Calculation Gross Income – If you have questions about how to use the Georgia Child Support Worksheet when you are determining your gross income or you need help with completing an uncontested divorce – Contact the  Remboldt Law Firm at 404-348-4081.

 For more information on the Georgia Child Support Calculation Gross Income – you may find the Georgia Child Support Worksheet helpful.  Also, if you are considering an uncontested divorce, you may find the Uncontested Divorce Worksheet helpful in moving forward with an uncontested divorce.

 

 

Georgia Child Support Split Parenting

Georgia Child Support Split Parenting – how do I calculate child support?  Split parenting means that the Mother will be the primary custodial parent for some of the children in the family and the Father will be the primary custodial parent for other children in the family.

Georgia Child Support Split ParentingGeorgia Law (O.C.G.A. § 19-6-15(1) provides as follows:

In cases of split parenting, a child support worksheet shall be prepared separately for the child for whom the father is the custodial parent and for the child for whom the mother is the custodial parent, and those worksheets shall be filed with the clerk of court.  For each split parenting custodial situation, the court shall determine:

  1. Which parent is the obligor;
  2. The presumptive amount of child support;
  3. The actual award of child support, if different from the presumptive amount of child support;
  4. How and when the sum certain amount of child support owed shall be paid;
  5. Any other child support responsibilities for each parent.

In short for split parenting situations (one or more children live with each of the two parents) you must file two Child Support Worksheets.  The Child Support Addendum also contemplates this situation and contains language to address it.  typically the court will “net” the two support worksheets and order the net difference to be paid to the parent with the lower obligation.

Georgia Child Support Split Parenting – If you have questions about how to use the Georgia Child Support Worksheet when you are considering split parenting or you need help with completing an uncontested divorce – Contact the  Remboldt Law Firm at 404-348-4081.

You may find the Georgia Child Support Worksheet helpful in calculating the statutory Georgia Child Support amount.  Also, if you are considering an uncontested divorce, you may find the Uncontested Divorce Worksheet helpful in moving forward with an uncontested divorce.

 

 

Georgia Child Support Top Mistakes

Georgia Child Support Top Mistakes – Georgia Child Support Top MistakesBelow is a list of the most common mistakes made when completing a Georgia Child Support Worksheet.

1.              Failure to change macro security setting or enable macros: a) The user fails to change the macro security setting of their computer that allows the worksheet to read the Basic Child Support Obligation (BCSO) Table; b) The user fails to enable the macros and receives an error message (#NAME?) in certain protected fields and as a result the electronic worksheet will not calculate; c) The user manually enters data in a hard copy of the electronic worksheet resulting in incorrect calculations.

 2.             Style of case issues: The user fails to correctly enter the names, civil action case number or other case identifying information on the worksheet, order and other court documents, resulting in conflicts within these court documents.

 3.             Children In Current Case: a) The children in current case are named only in the worksheet and not in the order; b) The number of children in the order and worksheet differ; c) The children in the current case cannot also be included as Qualified Other Children in Schedule B.

 4.              Wrong Noncustodial Parent Is Selected: The wrong parent is selected as the NCP on the worksheet, which disagrees with the NCP as identified in the order. As a result, the child support entered in the order is taken from the wrong parent’s column in the worksheet.

 5.        Noncustodial Parent not selected: The parent designated as the NCP for the purpose of paying child support is not selected, and as a result the Low Income Deviation and the Parenting Time deviation will not calculate.

 6.              Nonparent Custodian name excluded from worksheet: The user fails to include the name of the nonparent custodian on the worksheet when one or both parents are identified as noncustodial parents and a nonparent custodian is a part of the case.

 7.             Social Security Disability issues: a) The user fails to correctly enter the parent’s income received from the Social Security Administration as Social Security Disability on Schedule A, Line 13; b) and/or fails to enter the child(ren)’s check amount on Line 12 of the worksheet received as a result of the noncustodial parent’s disability.

8.             Final Child Support Amount: The child support amount entered in the order does not agree with the child support amount appearing on Line 13 of the worksheet. (Hint: Use Line 10 of Schedule E, non specific deviation, to adjust Line 13 of the worksheet to equal the agreed upon or court ordered amount of child support.)

9.              Worksheet Version: An incorrect version of the worksheet is used to calculate the child support, I.e., the on-line web-based version or an outdated Excel version is used in error.

10.     Self-employment Calculator issues: The user does not successfully complete the self-employment calculator. See O.C.G.A. §19-6-lS(f)(l)(B).

11.         Income issues: a) The amount of income is missing or wrong on Schedule A, i.e., the amount does not match the income identified in the order; b) Imputed income is not entered on Line 22 of Schedule A;  c) No explanation is given for imputed income; d) Income is imputed when valid salary information is unknown. ·

12.      Issues with entry of information on Schedule B: a) The user fails to include all required identifying information on Schedule B about each preexisting child support order; b) The user fails to include all required information on children identified as qualified children in a theoretical child support order.

13.     Mistakes related to Health Insurance: a) The children’s portion of the cost of the Health Insurance premium is not entered on Schedule D for the parent ordered to provide the insurance; b) Inconsistencies exist between the order/worksheet as to which parent or nonparent custodian is to provide or is already providing and paying for health insurance coverage; c) Medicaid (a needs based government program) or Peachcare (a government supplemented program) is used in error in the order/worksheet to satisfy health insurance, when neither program can be utilized for this purpose; d) The future uninsured percentages are not entered on the worksheet and/or order, or the percentage amounts do not agree in the order/worksheet.

 14.     Schedule D issues: The user fails to enter work related child care costs on Schedule D, but includes the costs in the order. This error results in a worksheet that does not reflect the cost or credit of this expense for the parent(s) or nonparent custodian who is paying these costs.

 15.      Filing of Schedule E with Clerk: Schedule E is only filed with the Clerk when deviations are included in the worksheet. See O.C.G.A. §19-6-lS(m)(l).

 16.      Entry of Deviations: Deviations are entered under the incorrect parent’s column, i.e., the custodial parent (CP), rather than the noncustodial parent (NCP) who will pay the child support. (Hint: Remember two rules – enter the DEVIATION amount (not the cost of the expense) in the NONCUSTODIAL PARENT’s column on Lines 2- 10 of Schedule E.)

 17.     Deviation issues: The findings in Questions B, C and D of Schedule E are not answered at all or are not sufficiently answered for each deviation, i.e., in some cases the findings are filled out as “in the best interest of the child” or the answers given in the order and as entered on Schedule E, Questions B, C and D, do not match.

 18.     Court defers entry of child support to DCSS: The court enters an order that does not include the child support, but instead directs the parties to apply for services with the Division of Child Support Services (DCSS) an agency of the Department of Human Services (DHS), with the understanding that DCSS will prepare the necessary action and associated worksheet for the court to set the child support.

 19.      Pages from multiple worksheets flied with clerk: The user prepares multiple worksheets/schedules and files with the clerk various pages from those multiple worksheets/schedules, which results in a final worksheet that does not correctly calculate the child support.

20.     Per child orders entered The user prepares a worksheet for all children but the order splits the total amount of child support to per child amounts, creating inconsistencies between the order and the worksheet. 

Georgia Child Support Top Mistakes – If you have questions about how to use the Georgia Child Support Worksheet and to avoid Georgia Child Support Top Mistakes – Contact the  Remboldt Law Firm at 404-348-4081.

You may find the Georgia Child Support Worksheet helpful in calculating a Georgia Child Support amount.  Also, if you are considering an uncontested divorce, you may find the Uncontested Divorce Worksheet helpful in moving forward with an uncontested divorce.

Georgia Child Support Deviations

Georgia Child Support DeviationsGeorgia Child Support Deviations – the Georgia child support guidelines allow for several deviations to the presumptive amount of child support.  The Georgia Child Support Deviations are listed under O.C.G.A. § 19-6-15(b)(8).  Following are some the deviations and considerations in determining if they apply in your case.

  • High Income.  Parents are considered high income if their combined gross income exceeds $30,000.00 per month.  O.C.G.A. § 19-6-15(i)(2)(A).
  • Low Income.  There is a floor of $100.00 per month for one child ($50.00 per additional child per month) even where a low income deviation is awarded.  See O.C.G.A. § 19-6-15(i)(2)(B)(vi).
  • Other health related insurance.  This deviation is for dental and/or vision insurance for the child.
  • Life Insurance.  Note that the life insurance must be for the benefit of the child for whom support is being determined before it is an available deviation, also, like many other deviations; it is a dollar-for-dollar deviation.  Note that is was held that the trial court did not abuse its discretion by declining to consider the cost of the life insurance in calculating the parent’s child support obligation because the evidence indicated that the parent’s company, not the parent, paid the life insurance premium (see Simmons v. Simmons, 288 Ga. 670 (2011).
  • Child And Dependent Care Tax Credit.  The court or jury may deviate “in consideration” of the Child and Dependent Care Tax Credit.  See O.C.G.A. § 19-6-15(i)(2)(E).  Importantly, this is not a deviation based on claiming a child as a dependent.  The Child Dependent Care Tax Credit related to certain qualifying expenses for the care of a qualifying child under twelve years old to enable a parent to work or look for work.
  • Travel Expenses.  The travel expenses must be “substantial” related to “court ordered visitation” and the court may consider “the circumstances” of the parents “as well as which parent moved and the reason for such move.”  See O.C.G.A. § 19-6-15(i)(2)(F).  When the deviation is granted and accompanied by the proper findings of fact, the trial court’s decision is not likely to be overturned.  See Black v. Black where the Court found no abuse of discretion for visitation related travel expenses because the mother had the option to remain with the children in the marital home, but chose to move out of state and incur travel related expenses for parenting time. 292 Ga. 691, (2013).
  • Alimony.  Alimony payments may not be considered a deduction from gross income, “but may be considered as a deviation from the presumptive amount of child support.”  See O.C.G.A. § 19-6-15(i)(2)(G).  The problem with an alimony deviation from child support is that the term for alimony is more often shorter than the term of child support.
  • Mortgage.  Paying for housing can offset child support dollar-for-dollar.  See O.C.G.A. § 19-6-15(i)(2)(H).
  • Extraordinary Expenses.  This category of deviation includes extraordinary education expenses (private school, tutoring, etc), special expenses of child rearing and extraordinary medical expenses.  Unlike the deviation discussed above, the extraordinary expenses of child rearing when included in Schedule E of the Child Support worksheets, prorate such expenses based on the parent’s respective income shares.  It is worth noting that the Child Support Guidelines provide that a deviation for extraordinary medical expenses “may be ordered for a specific period of time measured in months.”  See O.C.G.A. § 19-6-15(i)(2)(J)(iii).  The Guidelines do not address this issue in any more detail, but it does imply that two sets of worksheets – one with the deviation for extraordinary medical expenses and one without could be used with some direction in the order as to how many months the deviation will be allowed.
  • Parenting Time.  The court may order a parenting time deviation “when special circumstances” make the presumptive amount of child support excessive or inadequate due to extended parenting time as set fourth in the order of visitation or when the child resides with both parentis equally.  See O.C.G.A. § 19-6-15(i)(2)(J)(iii).
  • Nonspecific Deviations.  The nonspecific deviation may only be granted “when the court or the jury finds it is in the best interest of the child.”  See O.C.G.A. § 19-6-15(c).

Georgia Child Support Deviations –  If you have questions about how to use the Georgia Child Support Worksheet Calculation and apply the Georgia Child Support Deviations – Contact the  Remboldt Law Firm at 404-348-4081.

You may find the Georgia Child Support Worksheet helpful in applying the Georgia Child Support Deviations.  Also, if you are considering an uncontested divorce, you may find the Uncontested Divorce Worksheet helpful in moving forward with an uncontested divorce.

Custody vested in Father when Mother voluntarily surrendered custody to a Grandparent

Custody vested in Father Custody vested in Father.  The Court of Appeals affirmed the modification of a previous custody award and grant of primary physical custody of the child to the biological father, holding that evidence supported the trial court’s findings that a material change of condition affecting the welfare of the child occurred and the change in custody was in the child’s best interest. The Court held that what began as a temporary custodial arrangement when the mother moved to Oklahoma in 2004, leaving the child in the care and custody of his maternal grandmother in Missouri, and arguably could still be construed as such when the parents entered into a 2006 consent order modifying the father’s visitation rights, evolved into a permanent custodial arrangement by the time the father filed his petition for change of custody in 2009, and the mother’s voluntary surrender of physical custody and control of the child to his grandmother resulted in a material change in condition. Additional evidence supporting the finding of a material change in condition included the grandmother’s limitation of some of the father’s visitation, the exclusion of the father from important medical decisions affecting the child, and the failure to notify the father when the mother executed powers of attorney in loco parentis in favor of the grandmother. The Court also held that the trial court did not abuse its discretion in finding that the award of primary physical custody to the father was in the best interest of the child, as a prima facie right of custody is vested in the non-custodial parent when the custodial parent voluntarily surrenders custody to a third party; a rebuttable presumption provides that it is in the best interest of the child to award custody to a parent rather than a third party; and the father presented evidence that he is a fit and qualified parent to have primary physical custody and will be able to meet the needs of the child in adjusting to a new home.

If you have questions about how  child custody or when Custody vested in Father  – for more information, contact the Remboldt Law Firm at 404-348-4081 for a free consultation.

You may find the Georgia Child Support Worksheet helpful.  Also, if you are considering an uncontested divorce, you may find the Uncontested Divorce Worksheet helpful in moving forward with an uncontested divorce.

Shotwell v. Filip, A11A1728; A11A1729 (02/13/12)

Fulton County Daily Report, February 24, 2012