Child Support & Modifications

Ensuring Financial Security for Your Children

Protecting Your Child's Financial Future

Child support is a critical component of ensuring your child's needs are met after separation or divorce. Georgia law requires both parents to financially support their children, and the court uses specific guidelines to determine fair support amounts based on each parent's income and the child's needs.

At Stewart Family Law, we help parents navigate the complexities of child support establishment, enforcement, and modifications. Whether you're seeking support, defending against excessive claims, or need to modify an existing order, our experienced attorneys will protect your rights and your child's best interests.

Child Support Services

  • Initial support calculations
  • Support order modifications
  • Enforcement actions
  • Contempt proceedings
  • Income withholding orders
  • Asset seizure assistance

Georgia Child Support Guidelines

Georgia uses an "Income Shares Model" to calculate child support, which considers both parents' gross monthly income and the number of children requiring support. The guidelines are designed to ensure children receive the same proportion of parental income they would have received if the family remained together.

Factors in Child Support Calculation

Gross Monthly Income

  • Wages and salary
  • Self-employment income
  • Bonuses and commissions
  • Investment income
  • Retirement benefits
  • Social Security benefits

Number of Children

  • Children of the current relationship
  • Existing support obligations
  • Children in the home
  • Special needs considerations

Additional Expenses

  • Health insurance premiums
  • Childcare costs
  • Extraordinary medical expenses
  • Educational expenses
  • Transportation costs

Our Child Support Services

Establishing Child Support

When parents separate or divorce, establishing a fair child support order is essential for your child's financial security.

Our Services Include:

  • Income verification and documentation
  • Guideline calculations and worksheets
  • Negotiating fair support amounts
  • Drafting comprehensive support orders
  • Addressing special circumstances
  • Court representation for contested cases

Modifying Child Support

Life circumstances change, and child support orders may need to be modified to reflect new realities.

Grounds for Modification:

  • Significant income changes (25% or more)
  • Job loss or career changes
  • Changes in custody arrangements
  • Medical emergencies or disabilities
  • Changes in childcare needs
  • Passage of time (every two years)

Enforcing Child Support

When a parent fails to pay court-ordered child support, we help you pursue all available enforcement remedies.

Enforcement Options:

  • Income withholding orders
  • Asset seizure and bank levies
  • License suspension (driver's, professional)
  • Contempt of court proceedings
  • Credit bureau reporting
  • Passport denial and restrictions

Common Child Support Issues

Self-Employed Parents

Calculating income for self-employed parents requires careful analysis of business records, tax returns, and actual earning capacity. We help establish accurate income figures that reflect true financial circumstances.

High-Income Earners

When combined parental income exceeds guideline limits, courts have discretion in setting support amounts. We ensure fair treatment while considering the child's actual needs and lifestyle.

Imputed Income

Courts may impute income to parents who are voluntarily unemployed or underemployed. We help challenge unfair income imputation or establish appropriate earning capacity.

Multiple Children

When parents have children from multiple relationships, calculating fair support can be complex. We ensure proper application of guidelines and consideration of all support obligations.

Shared Custody

When children spend significant time with both parents, support calculations become more complex. We help determine appropriate adjustments for shared parenting arrangements.

Special Needs Children

Children with special needs may require additional support beyond standard guidelines. We help document and argue for appropriate support to meet these unique needs.

Important Considerations

Retroactive Support

Child support can be awarded retroactively to the date of filing, so it's important to act quickly when seeking support.

Tax Implications

Child support payments are not tax-deductible for the payer and not taxable income for the recipient, unlike alimony payments.

Automatic Modifications

Some support orders include automatic cost-of-living adjustments, while others require formal modification proceedings.

Termination of Support

Child support typically ends when the child reaches age 18 or graduates high school, whichever occurs later, but may continue longer in certain circumstances.