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Is it a requirement to use the Georgia Child Support Guidelines?

In many divorce cases, determining child support is not just a simple calculation based on a formula. That being said, there is a standard method for calculating child support that is based on the parents' income. However, a basic table or formula is often not an adequate tool because of the complex nature of most divorces.

For instance, if the non-custodial parent lives a considerable distance from the custodial parent, then travel expenses may be taken into consideration when calculating payments. A deviation from the guidelines is not simply to reduce payments for the non-custodial parent. Depending on the situation, the payment may be higher. For instance, both parents may agree to send the children to a private school. The inclusion of tuition payments might increase the amount of child support for the noncustodial parent. The purpose of a deviation is to make certain that the payments are fair and accurate.

It is important to note that deviations should be calculated and agreed to by both parties prior to a court hearing on the matter. If both parties have trouble agreeing to the terms, a lawyer may help with the negotiations. This is because a judge is likely to use the guidelines to calculate support regardless of any special circumstances. However, if both parties agree to a deviation, then the judge is likely to accept it.

In addition to the circumstance of divorce, child support issues arise in other contexts such as paternity actions or support modifications. Learn more about child custody, paternity, child support calculations and divorce by visiting our page.

Source: Lowndick Law Office, "Child Support Lawyers In Gwinnett County, Georgia", November 25, 2014

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