Georgia Uncontested Divorce

GA Child Support & Alimony


Georgia has adopted the “income shares” model to calculate child support. This approach recognizes both parents’ obligation to contribute to the support of the child. The following chart is an example of the basic child support obligation (“BCSO”):

Child Support

Combined Adj. Gross Income 1 Child2 Children3 Children
$1,000$239$343$398
$2,000$437$624$723
$3,000$620$881$1,021
$4,000$779$1,104$1,280
$5,000$917$1,297$1,500
$6,000$987$1,384$1,587
$7,000$1,067$1,491$1,706
$8,000$1,125$1,567$1,789
$9,000$1,150$1,596$1,817
$10,000$1,259$1,749$1,992

Each parent is responsible for a portion of the stated BCSO amount. If the parties earn equal amounts, they will each be responsible for one-half of the BCSO. If the father earns 35% of the combined income, he will be responsible for 35% of the BCSO. If the mother earns 85% of the total combined income, she will be responsible for 85% of the BSCO. The non-custodial parent pays his or her percentage of the BCSO to the custodial parent regardless of which parent earns more money.

The statute permits variation from the basic child support obligation based on pre-existing obligations for other children, health insurance costs, child-care expenses, shared physical custody arrangements, alimony, visitation expenses and other reasonable expenses. Our top uncontested divorce attorneys will assist you in obtaining the best possible outcome for all parties involved.

The child support obligation continues until the child reaches the age of 18 or graduates high school, whichever is later, but not past the age of 20. Medical expenses, insurance, and post secondary education expenses should be considered and incorporated into the parties’ settlement agreement.

Neither parent is obligated to support a child after graduation from high school. However, if a settlement agreement provides for such support and it is made part of the final order, the courts will enforce the agreement of the parties by contempt.


Alimony in Georgia – Uncontested Divorce Lawyer

In a Georgia divorce, alimony is not a right, but it can be appropriate in certain situations and awarded over time or in one lump sum after a divorce settlement. Generally, alimony is designed to assist a party in need after divorce. It can be awarded to either party in accordance with the needs of the parties and the other party’s ability to pay. Alimony is generally not available in situations where both spouses worked during the marriage and can support themselves

Today, it is most commonly ordered as “rehabilitative” payments for a limited period of time. However, a party is not entitled to alimony if the cause of the separation is that party’s adultery or desertion.

Today, it is most commonly ordered as “rehabilitative” payments for a limited period of time. However, a party is not entitled to alimony if the cause of the separation is that party’s adultery or desertion.

When determining whether alimony is to be awarded, courts look at a variety of criteria, including:

  • The standard of living enjoyed by the couple.
  • How long the marriage lasted.
  • The income and assets of each spouse, including retirement accounts.
  • The earning potential of each spouse.
  • How long would it take to retrain the non-working spouse.
  • The age of each spouse at the end of the divorce.
  • How well the couple treated each other

In an agreed divorce in Georgia alimony is established by agreement, keeping in mind the factors listed above and that the trend is towards brief, rehabilitative alimony. Call for further evaluation of your particular case


Child Custody

Physical custody refers to who has custody of the child at any given time

Today, it is most commonly ordered as “rehabilitative” payments for a limited period of time. However, a party is not entitled to alimony if the cause of the separation is that party’s adultery or desertion.

Child custody refers to the legal guardianship of the children in a divorce case. In Georgia, there are two forms of custody: legal and physical. In almost all cases the parents are awarded joint legal custody over the children, which means that they both have a right to access school and medical records and participate in the child’s life decisions. The parties can agree on who has final say in matters relating to religion, education, extra-curricular activities and medical decisions.

Physical custody refers to who has custody of the child at any given time, whether at home, on vacation, at school, and so on. The parties can agree on who is the custodial parent with primary physical custody, and who is the noncustodial parent. If the parties get along, live close by and earn approximately the same amount, shared custody may be in the best interest of the children. In shared physical custody each parent has custody of the children approximately 50% of the time.

When deciding issues regarding child custody, courts in Georgia will consider the best interests of the child and the environment that will provide the most stability. The courts consider many factors, including:

  • Suitability of each parent as custodian.
  • Psychological, emotional and developmental needs of the child.
  • Ability of the parents to communicate.
  • Prior and continuing care that the parents have given the child.
  • Wishes of the child.
  • Safety of the child.
  • Custodial agreements of the parents.
  • History of domestic abuse

 


CHILDREN’S BILL OF RIGHTS WHEN PARENTS ARE NOT TOGETHER

You have the right to be in a safe environment

Every kid has rights, particularly when mom and dad are splitting up. Below are some things parents shouldn’t forget — and kids shouldn’t let them — when the family is in the midst of a break-up. You have the right to love both your parents. You also have the right to be loved by both of them. That means you shouldn’t feel guilty about wanting to see your dad or your mom at any time. It’s important for you to have both parents in your life, particularly during difficult times such as a break-up of your parents. You do not have to choose one parent over the other. If you have an opinion about which parent you want to live with, let it be known. But nobody can force you to make that choice. If your parents can’t work it out, a judge may make the decision for them. You’re entitled to all the feelings you’re having. Don’t be embarrassed by what you’re feeling.

It is scary when your parents break up, and you’re allowed to be scared. Or angry. Or sad. Or whatever. You have the right to be in a safe environment. This means that nobody is allowed to put you in danger, either physically or emotionally. If one of your parents is hurting you, tell someone — either your other parent or a trusted adult like a teacher. You don’t belong in the middle of your parents’ break-up. Sometimes your parents may get so caught up in their own problems that they forget that you’re just a kid, and that you can’t handle their adult worries. If they start putting you in the middle of their dispute, remind them that it’s their fight, not yours. Grandparents, aunts, uncles and cousins are still part of your life. Even if you’re living with one parent, you can still see relatives on your other parent’s side. You’ll always be a part of their lives, even if your parents aren’t together anymore. You have the right to be a child. Kids shouldn’t worry about adult problems. Concentrate on your school work, your friends, activities, etc. Your mom and dad just need your love. They can handle the rest. IT IS NOT YOUR FAULT AND DON’T BLAME YOURSELF. —- American Academy of Matrimonial Lawyers – Special Concerns of Children Committee, March, 1998


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