Tag Archives: child support agreements

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.