Tag Archives: Child Support

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.

 

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.

Child Support Calculations For Self Employed Affirmed

Child Support Calculations for Self Employed AffirmedChild Support Calculations for Self Employed Affirmed.  The Supreme Court affirmed the amount of child support awarded to the wife, holding that the trial court did not clearly err in determining the husband’s monthly self-employment income after a careful review of the conflicting evidence. The Court also held that the trial court did not abuse its discretion in declining to add cheerleading expenses to its child support calculations.

If you have questions about how the child support calculations for the self employed – contact the Remboldt Law Firm, LLC to see if this case would apply to your situation.

If you have questions about how to make the Georgia Child Support Worksheet Calculation, the Child Support Addendum – or 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.

Ellis v. Ellis, S11F1506 (02/27/12)

From the Fulton County Daily Report, March 3, 2012

Child Support Worksheet Calculation

child support worksheet calculationChild Support Worksheet Calculation.  You may find the Georgia Child Support Worksheet helpful.  But also how does the court view the child support worksheet calculations?  Here’s a case where there were many issues and the court addressed each one.

First, the Court is required to make a written finding to support its deviation from the presumptive amount of child support for extraordinary educational expenses (there’s a space on the worksheet – you need to use it!) and this is one of the purposes of the Child Support Addendum.

If one party does not work, you should impute a monthly gross income based on a 40-hour workweek at the national minimum wage.  This is also used if the party has no viable way to calculate their income.

The court allows for prorating of the husband’s responsibility for the basic child support obligation before proceeding through the remainder of the steps in calculating his monthly child support obligation;

There is no requirement to enter written findings regarding low income if there is no deviation for such;

A party is not entitled to a specific deviation for the child’s extracurricular expenses if they agreed at trial to pay for these expenses and offered no evidence as to the amount in the settlement agreement.

It is ok to enter into a security agreement and collateral pledge to guarantee the payments required by the divorce decree.

If you have questions about how to make the Georgia Child Support Worksheet Calculation, the Child Support Addendum – or 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.

Brogdon v. Brogdon, S11F1975 (02/27/12)

Fulton County Daily Report, March 2, 2012

Modification Child Support Georgia

Modification Child Support GeorgiaModification Child Support Georgia – When considering a child support modification, you should consider reviewing the Child Support Guidelines , which are statutory, must be considered.  Currently there are five different grounds you can utilize to seek a upward or downward modification of child support.

  1. A substantial change in either parent’s income and financial status.
  2. A substantial change in the needs of the children.
  3. The noncustodial parent has failed to exercise the court ordered visitation.
  4. The noncustodial parent has exercised a greater amount of visitation than was provided in the court order.
  5. An involuntary loss of income.

An action for modification child support is the exclusive remedy for obtaining a change in child support award.  Parents are unable to consent to a modification of child support – the parents MUST get a court order for the child support to be modified.  This includes a modification of provision on payment of medical expenses and health insurance on the children or other financial provision for the children during their minority.

The person seeking a modification must prove one of the above five grounds for there to be any possibility of a modification.  Even then, a revision to the child support amount is not demanded or required to be granted by the court.  Assuming that the petitioner successfully proves one of these five grounds, then he or she must also prove that the revision is also warranted.  The court will generally put the burden of proof on the party who is seeking the modification.

Modification Child Support Georgia – For more information about Modification Child Support Georgia, contact the Remboldt Law Firm at 404-348-4081 for a free consultation.

You may find the Georgia Child Support Worksheet helpful when determining if you should file for a modification or maybe considering the timing of the filing.  Also, if you are considering an uncontested divorce, you may find the Uncontested Divorce Worksheet helpful in moving forward with an uncontested divorce.

GA Supreme Court affirmed the final judgment in divorce case, holding that the trial court did not fail to consider evidence of family violence.

The Supreme Court affirmed the final judgment in the parties’ divorce case, holding that the trial court did not fail to consider evidence of family violence presented at trial, where the trial court’s order provided that it was entering judgment after hearing the testimony of the parties and considering all of the evidence at trial, and neither party requested that the trial court make written findings of fact. Next, the trial court did not abuse its discretion in awarding primary physical custody of the children to the husband, as the evidence in the record supported its decision. Finally, the doctrine of induced error barred the wife from challenging the trial court’s calculation of the husband’s gross monthly income for child support purposes, where the trial court’s calculation was the same as that which the wife provided in her child support worksheet.

Finklea v. Finklea, S11F1804 (01/09/2012)

Fulton County Daily Report, January 13, 2012

GA Trial court did not err in barring mother’s counsel from questioning guardian ad litem (GAL).

Judgment entered in divorce and custody action, which resulted in certain equitable division of property, child support orders entered against both parties, and custody of parties’ only child to paternal grandparents, affirmed; trial court did not err in barring mother’s counsel from questioning guardian ad litem (GAL) about her knowledge of applicable legal standards in custody award to third party and whether GAL was familiar with named appellate case, since role of GAL at trial is not to expound on matters of law, but as expert witness on best interest of child in question; record belied mother’s contention that court improperly terminated her cross-examination of GAL, after trial court halted disputed line of questioning; clear and convincing evidence of parental unfitness, particularly on mother’s part, supported trial court’s award of custody of parties’ minor child to his paternal grandparents; inter alia, evidence showed illegal drugs and alcohol abuse in mother’s home, mother admittedly purchased alcohol for consumption by at least one of child’s half-brothers, some of half-brothers were arrested on multiple charges while in home,  mother was arrested incident to drug raid in her home, mother required child to provide his urine so that third party could pass court-ordered drug test, there were significant violent episodes in home, mother violated DFACS safety plan with regard to child, child was absent for at least 29 days in first four months of kindergarten, and mother removed from her name and placed in name of her sons all assets, including homes, vehicles, bank accounts, and ownership of certain pedigree dogs, in obvious attempt to become judgment proof and obtain various forms of government assistance; in contrast, paternal grandparents were both retired from gainful employment, they had extensive contact with child, child spent considerable time in their custody under temporary custody order, they worked with child’s school to improve child’s situation, they provided child with stable and nurturing environment, which promoted his health and welfare, and his confidence had improved while in their care; some evidence, including mother’s own e-mail relating that her money included ‘ “anywhere from $108,000 to  $105,000 plus,” ‘ supported amount of child support order entered against her; ample evidence of father’s time and labor spent on extensive work on parties’ marital residence justified $20K award to him as his equitable share of marital estate; mother’s contention that neither she nor father had interest in house on basis that another son owned house, rejected, since clear inference from trial court’s findings was that title to residence in mother’s teenaged son was sham.

Harris fln/a Snelgrove v. Snelgrove, S11F0892 (11/21/11)

Fulton County Daily Report, December 9, 2011

GA Primary custody of parties’ two minor children to mother; father did not have concrete childcare plan.

Grant of primary custody of parties’ two minor children to mother, affirmed, as evidence supported trial court’s decision; although both parents were fit and spent quality time with children, father did not have concrete childcare plan and did not engage children in age-appropriate activities with other children, while mother lived new her parents, who could help with childcare, and planned summer camps and social events for children; amount of child support awarded to mother, affirmed, as trial court properly ascertained that mother was was not willfully underemployed, and trial court was not required to abate father’s child support obligation or award him child support during children’s summer visitation with him.

Rowden v. Rowden, S11F0812 (11/07/11)

Fulton County Daily Report, November 18, 2011