Split Custody Child Support in Georgia

Split custody refers to a situation where one parent has primary physical custody of one or more children, while the other parent has primary physical custody of the remaining child or children. In Georgia, the concept of split custody can significantly impact child support calculations. This arrangement can be complex, and it's crucial to understand how it affects child support obligations in the state.

Physical Custody as a Major Factor in Child Support

A crucial factor in determining child support is the specific custody arrangement between the parents. While joint custody may be in place, there are two main types:

1. Joint Legal Custody: Both parents share the right to make major decisions regarding the child's upbringing, such as those related to education, healthcare, and religion.
2. Joint Physical Custody: In this arrangement, the child spends a significant amount of time residing with each parent. However, this does not necessarily mean the child's living situation is split evenly between the parents.

The distinction between these two is important because when calculating child support, it’s normally physical custody that matters, even if the parents share legal custody. When a parent is referred to as the “custodial parent,” it means the child resides with them more than 50 percent of the year. The other parent with less parenting time of the child is called the non-custodial parent.

Understanding Split Custody Child Support in Georgia

In split parenting situations, one parent may have primary physical custody of one child while the other is the custodial parent of the other child. Thus, Georgia law mandates that each parent must calculate a separate child support worksheet for each child for whom they are the custodial parent. This is stated in Georgia Code 19-6-15.

For instance, if Mom is the custodial parent of Anna and Bryce, she must prepare a separate worksheet for each of them. If Dad is the primary custodian of Caleb and Diana, he must also complete a separate worksheet for each of the two.

This helps ensure that each child gets an accurate child support computation.

Calculating Child Support in Split Custody Cases in Georgia

In split custody cases, each child will get a separate support calculation. Each calculation will follow the Georgia Child Support Guidelines and use the Child Support Worksheet to determine each parent's financial responsibility. The process involves several steps, including:

1. Calculating the basic child support obligation: This is the total amount of child support owed for all children, based on the combined adjusted income of both parents and the number of children. “Basic” child support will still be subject to adjustments before becoming the final child support amount. Also note that even though each worksheet calculates support for one child, this first step factors in the parents’ obligations to all children to get a more accurate figure of the parents’ financial circumstances.
2. Determining each parent's proportionate share: The basic child support obligation is then divided between the parents based on their respective incomes.
3. Adjusting for direct expenditures: Certain direct expenditures, such as health insurance premiums and work-related childcare costs, are added to or subtracted from each parent's share.
4. Getting court approval: The court will examine whether any deviation (further adjustment) is necessary to ensure a fair child support payment amount for all involved. Once the judge is satisfied with the computation, they will enter the resulting amount as final child support.

You can find a more detailed step-by-step explanation of Georgia child support calculation in our blog post here.

Factors Affecting Split Custody Child Support

Several factors can influence the amount of child support owed in a split custody arrangement, including:

• Income levels: The higher the combined income of the parents, the higher the basic child support obligation.
• Number of children: The more children involved, the higher the basic child support obligation.
• Parenting time: The amount of time each parent spends with the children can impact the calculation, as it affects the allocation of direct expenditures.
• Health insurance and childcare costs: These expenses are factored into the calculation and can significantly impact the final child support amount.

Modifying Split Custody Child Support Orders

Child support orders in Georgia, including those involving split custody, can be modified if there is a substantial change in circumstances. Examples of such changes are:

• Significant increase or decrease in income: A substantial change in either parent's income can warrant a modification.
• Changes in parenting time: If the parenting time arrangement changes significantly, it may justify a modification.
• Changes in child-related expenses: Increases or decreases in expenses like health insurance premiums or childcare costs can also be grounds for modification.

To modify a child support order, either parent must file a petition with the court and demonstrate that a substantial change in circumstances has occurred. It's advisable to seek legal counsel from an experienced family law attorney like Sharon Jackson to navigate the modification process effectively.

Reach Out to Attorney Sharon Jackson Today For Help with Child Support Issues

Split custody child support calculations in Georgia can be intricate, and it's essential to understand the nuances involved. Talk to Attorney Sharon Jackson to ensure that your rights and your children's best interests are protected throughout the process. Contact Attorney Sharon Jackson today at (678) 909-4100.