Crystal Wright | July 17, 2023 | Child support
Divorce is often both devastating and complex. And when there are children involved, a divorce can become even more difficult.
During divorce proceedings, parents must consider how to handle childcare-related issues. They’ll need to discuss their timeshare schedule as well as their parental plan, including how to handle medical decisions, where the children will go to school, and which faith they’ll be raised in.
But perhaps the most significant childcare decision that divorcing parents must make is that of custody. If one parent has full custody of the children, that parent is known as the “custodial parent.” In the case of joint custody, the parent who has the child with them the majority of the time is the custodial parent.
The noncustodial parent is typically responsible for paying child support to the custodial parent, but there are legally valid reasons to stop paying child support in Georgia.
Determining Child Support in Georgia
The child support model in Georgia is based on the comprehensive costs of supporting a child, along with each of the parents’ individual incomes. Georgia uses the Income Shares Model to make these calculations.
The Income Shares Model estimates how much money a couple would spend on their children had they stayed together and then splits that amount proportionately according to their individual incomes.
In cases where childcare is split equally between two parents, Georgia courts generally consider the parent with the higher income to pay child support. However, other factors could have an impact on the calculation as well.
Calculating Income for Child Support
There are several factors that the Income Shares Model takes into account when estimating a parent’s total income. These include, but are not limited to, the following:
- Salary
- Military pensions
- Unemployment insurance benefits
- Prizes
- Dividend income
- Trust income
- Overtime pay
- Self-employment income
- Commissions, fees, and tips
If you’re curious about how the Income Shares Model will estimate your income, the Georgia Child Support Commission provides worksheets and calculators to help you and your former partner determine your child support payments.
How To Legally Avoid Child Support in Georgia
It’s not an easy task to legally avoid paying child support, but if you’re willing to make some concessions, it’s possible. Here are a few ways you might be able to avoid paying child support in Georgia without running into trouble with the law.
Both Sides Agreeing That Child Support Is Unnecessary
There are plenty of reasons a parent wouldn’t want to accept child support from their ex, and many other reasons that the other parent might not want to pay child support to their former spouse.
In these cases, a Georgia court will typically allow no child support to be paid if both parents can agree that paying or accepting child support is undesirable or unnecessary.
Terminating the Child Support Agreement
Most of the time, a Georgia child support agreement remains airtight unless there’s a major change in any family member’s life. This means that your child support agreement might be terminated if you lose your job, if you go to prison, or if there’s a significant change in custody arrangements.
Ceasing Child Support Payments
Determining child support payments can be a complicated part of the divorce process. If you’re looking to avoid paying child support, you have several options that are legal in Georgia. A seasoned family law attorney can help you determine the best options for you and your unique circumstances.
Contact the Divorce Lawyers at Crystal Wright Law To Get Legal Assistance Today
To learn more and get the help you deserve, call our divorce & family law firm at (404) 594-2143 or reach out to Crystal Wright Law online by visiting our contact us page.
You can also visit our law firm at 440 S. Perry Street Suite 105, Lawrenceville, GA 30046.