Tag Archives: Child Support Worksheet

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 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.

GA Child Support Deviations MUST be included in Schedule E

Judgment REVERSED in parties’ divorce case; trial court erred in applying discretionary parenting time deviation from presumptive amount of child support without making all required findings under OCGA 19-6-15(c)(2)(E) and (i)(1)(B); under revised child support guidelines, trial court erred in making separate child support award for extracurricular activities, which was outside parameters of Child Support Worksheet; any deviation for special expenses must be included in Schedule E.

From:  Fulton County Daily Report (10/16/09)

Turner v. Turner, S09F1313 (10/05/09)

Attorney:  Pandora E. Palmer, Katherine E. Fagan, Edea M. Caldwell

Judges:  Brian Amero,  Henery Superior Court;  Supreme Court of Georgia, Thompson,