North Atlanta Child Support Attorney
Negotiating Child Support in GA
Divorce changes the relationship between you and your spouse; it does not change the obligation parents have to take care of their children. Every child has the right to have their material needs provided by their parents. Understanding how child support works is an essential part of the divorce process, and it’s why you want a Sandy Springs family law attorney on your side.
What Is Child Support?
Child support is money that is paid by the non-custodial parent to the custodial parent for the benefit of the child or children of the marriage. Child support has some features that are very distinct from alimony (spousal support).
Below are the major ones that an Atlanta child support lawyer can help you with:
- Child support is the right of the child or children, and therefore, the custodial parent cannot waive the right to receive it.
- Child support is intended only for the benefit of the child or children. Sometimes there is a fuzzy line between what is “for the children” and what is for the custodial parent. Think of the housing, utilities paid on the housing, the car, etc. While the receiving spouse has use of those things and benefits from them, they are necessary for the children;
- Child support is paid in after-tax dollars. That means that the paying spouse pays a net sum after paying taxes, and the receiving spouse does not count child support as income.
Calculating Child Support in Georgia
In Georgia, there are statutory guidelines for determining the appropriate amount of child support. These are, however, just guidelines. There is a presumption that the amount is a proper amount, but that presumption may be rebutted. The Court may still use its discretion in determining support obligations, which is where a Sandy Springs-based family lawyer can step in to help.
Some of the factors a court may weigh in deviating from the guidelines are:
- The best interest of the child or children for whom the support is being considered
- The circumstances of the parties
- Special needs of the child or children
- For children of unmarried parents, the courts will try to achieve the same economic standard of living enjoyed by children living in intact families.
The final award of child support can be decided either by the judge or by a jury in a contested case. You are entitled to a hearing to obtain an award of temporary child support while waiting for the entire case to be resolved. The temporary hearing will be in front of a judge. Normally, child support is paid in monthly or bi-monthly installments until the child reaches the age of majority or some other event of emancipation occurs.If you need one, the courts can issue an order having child support removed from the paying spouse’s salary.
Contact Our Atlanta Divorce Lawyer
Brenner Law Group, LLC has considerable experience negotiating child support provisions. Because child support is paid in after-tax dollars, we like to consider child support within the context of the entire financial divide between the parties. We will help you make financially responsible decisions for your children.
Contact us today at (404) 418-4006 to schedule a free introductory call with our North Atlanta child support lawyer.