Georgia's child support formula starts with both parents' gross income

Georgia uses a income shares model to calculate child support. This means the state adds together both parents' gross monthly income, finds what percentage of that total each parent earns, and assigns each parent a proportional share of the child support obligation. The obligation itself is based on how many children need support and what the combined income is.

Gross income includes wages, salary, bonuses, commissions, self-employment income, rental income, Social Security benefits, unemployment benefits, workers' compensation, and certain other sources. It does not include means-tested benefits like TANF or SNAP, or child support the parent is already paying for other children.

The calculation happens in steps: the state determines the combined parental income, looks up the base child support obligation from Georgia's Child Support Guidelines table, calculates each parent's percentage share of income, and then applies that percentage to the obligation. Adjustments can be made for health insurance costs, childcare expenses, and other factors.

Key Takeaways

  • Georgia adds both parents' gross income together and assigns each parent a percentage share based on their portion of that total.
  • The base obligation comes from the Georgia Child Support Guidelines table, which lists amounts by combined income and number of children.
  • Each parent pays their percentage share of the base obligation, minus credits for health insurance and childcare costs they actually pay.
  • Income above $30,000 per month combined may be calculated differently, and judges can deviate from the guidelines if they find them unjust.
  • Self-employment income, bonuses, and other non-wage earnings are included in gross income for the calculation.

The Georgia Child Support Guidelines table and base obligation

Georgia publishes a Child Support Guidelines table that shows the base monthly obligation for different combined income levels and different numbers of children. The table starts at combined income of $600 per month and goes up to $30,000 per month. You can find the current table on the Georgia Supreme Court website or through your local child support office.

For example, if two parents have a combined gross income of $4,000 per month and one child, the table will show a base obligation amount (the actual number changes when the state updates the table, usually every two years). If they have three children, the obligation is higher. The table assumes both parents share the obligation proportionally based on their income.

If the combined income exceeds $30,000 per month, Georgia law allows the judge to calculate the obligation using the same percentage method but without being bound by the table. The judge may also consider the standard of living the child would have had if the parents had stayed together.

How each parent's share is determined from their income percentage

Once you know the base obligation from the table, you calculate what percentage of the combined income each parent earns. If one parent earns $2,500 per month and the other earns $1,500 per month, the combined income is $4,000. The first parent's share is 62.5 percent ($2,500 ÷ $4,000), and the second parent's share is 37.5 percent ($1,500 ÷ $4,000).

Each parent then pays their percentage of the base obligation. If the base obligation for one child at $4,000 combined income is $800 per month, the parent earning 62.5 percent of the income pays $500 per month ($800 × 0.625), and the parent earning 37.5 percent pays $300 per month ($800 × 0.375).

The parent with primary custody (the one the child lives with most of the time) receives the payment from the other parent. If custody is split roughly equally, the parent with the higher income typically pays the parent with the lower income.

Deductions for health insurance and childcare costs

Before the final child support amount is set, Georgia allows deductions for actual costs the parent pays. If a parent pays for health insurance that covers the child, that parent can deduct the cost of the child's portion of the premium from their child support obligation. The deduction is the actual amount paid, not an estimate.

Childcare costs directly related to allowing a parent to work are also deductible. This includes daycare, after-school care, and similar expenses. The deduction applies only to the parent who actually pays the childcare provider, and only for care that allows that parent to be employed or to look for work.

Other expenses like school tuition, extracurricular activities, or medical costs beyond health insurance are not deducted from the base obligation. However, a judge can order either parent to pay a share of these costs separately, in addition to child support.

What counts as income and what does not

Georgia's definition of gross income for child support is broad. It includes W-2 wages, 1099 self-employment income, bonuses, commissions, overtime, rental income, interest and dividend income, Social Security retirement or disability benefits, unemployment insurance, workers' compensation, military allowances, and pension income. If a parent receives income from any of these sources, it goes into the calculation.

Some income is excluded. Means-tested public benefits like TANF (Temporary information for Needy Families) and SNAP (food stamps) are not counted. Child support a parent is already paying for other children is subtracted from their income before the calculation. SSI (Supplemental Security Income) is not counted because it is means-tested.

If a parent is voluntarily unemployed or underemployed (earning less than they could), a judge may "impute" income — that is, assign an income level based on what the parent is capable of earning. This happens most often when a parent quits a job without good reason or refuses to work. The judge looks at the parent's education, work history, and job market in the area.

Deviations from the guidelines and when judges can change the amount

Georgia law says the Child Support Guidelines should be applied in every case, but a judge can deviate from the guideline amount if the judge finds that explore the guidelines would be unjust or inappropriate. The judge must state in writing why the deviation is necessary.

Reasons a judge might deviate include: the standard of living the child would have had if the parents had remained together; the non-monetary contributions each parent makes to the child's care; the financial resources and earning ability of each parent; the age and health of the child; the child's educational needs; and any other relevant factor. A judge might also deviate if the guideline amount would leave a parent unable to meet their own basic needs.

Either parent can ask the judge to deviate from the guidelines, but the burden is on that parent to show why the guidelines are unjust in their specific situation. straightforward disagreeing with the amount is not enough — the parent must present evidence and explain the legal reason for the deviation.

How self-employment and variable income are handled

If a parent is self-employed or has income that varies month to month, Georgia requires an average of the income over a period of time, usually the past two or three years. The parent typically provides tax returns, profit-and-loss statements, and business records to show what the average income actually is.

For someone with seasonal income (like a contractor who works heavily in summer but less in winter), the judge may average the annual income across all twelve months rather than using only the months when work is available. This prevents the child support obligation from being artificially low during slow months.

If a parent is newly self-employed and does not have two years of tax returns yet, the judge may use the parent's business projections, the income of similar businesses in the area, or the parent's prior W-2 income as a starting point. The judge can also order the parent to provide updated income information once actual tax returns are available.

Frequently Asked Questions

Does Georgia count overtime and bonuses as income for child support?

Yes. Overtime pay, bonuses, commissions, and any other regular or recurring income are included in gross income. If a parent receives bonuses inconsistently, the judge may average them over time. If overtime is optional and not may provide, the judge has discretion in how much to count, but typically includes it if the parent has earned it regularly in the past.

What happens if a parent loses their job or has their hours cut?

The parent can ask the court to modify the child support order based on the change in income. The modification is not automatic — the parent must file a motion and show the court that the income change is real and not voluntary. If the parent was laid off, that usually qualifies. If the parent quit without a new job lined up, the judge may impute income instead of lowering the obligation.

Can child support be calculated differently if one parent has the child more than half the time?

Yes. If custody is split roughly equally or close to it, the calculation changes. The parent with the higher income typically pays the parent with the lower income the difference between what each parent's obligation would be. Some judges use a "net" calculation where they subtract one parent's obligation from the other's. The exact method can vary by judge and situation.

Is child support the same as alimony or spousal support?

No. Child support is for the benefit of the child and is based on the child's needs and the parents' income. Alimony (called "maintenance" in Georgia) is paid by one spouse to the other and is based on different factors, including the length of the marriage and the standard of living during the marriage. They are calculated separately and can both be ordered in the same case.

What if one parent claims a much lower income than I think they actually earn?

You can request that the court order the parent to provide recent tax returns, W-2s, pay stubs, and business records. If you believe the parent is hiding income or underreporting it, you can ask the judge to impute income or to find that the parent is voluntarily underemployed. You may need to present evidence like bank statements or testimony about the parent's actual spending to support this claim.