Child Support

Gwinnett County Child Support Attorney

Our Family Lawyers in Lawrenceville Give You Compassionate Legal Support

Every child has the right to be supported by both parents. On January 1, 2007, new child support guidelines were implemented in the state of Georgia. Previously, child support was based upon a percentage calculated from the non-custodial parent’s gross annual income. Georgia now uses the income shares model, which considers the income of both parents.

The shared income approach is based upon a rate table that establishes an amount that in theory is sufficient to meet the needs of the child or children. The new law takes into consideration the income of both parents, the cost of childcare and health insurance, and several other factors.

The new law is far more complicated than the previous guidelines and involves numerous steps to calculate child support. You need an experienced child support lawyer in Lawrenceville to gather the needed information and be sure child support is calculated properly in your case.

Contact online or call (770) 285-1673 to speak with our Gwinnett County child support firm today!

The Basics of Child Support in Georgia

Child support in Georgia is governed by the child support guidelines in O.C.G.A. § 19-6-15, with the obligation table and worksheets developed by the Georgia Child Support Commission. Georgia follows a formula for calculating child support that uses both parents’ gross incomes, adjusted for certain deductions such as pre-existing child support obligations or spousal support.

How is Georgia Child Support Determined?

While the child support guidelines provide a starting point, a number of factors can influence the final amount. A Lawrenceville child support lawyer can help you understand how these factors apply to your case:

• Income of Both Parents: This includes salaries, bonuses, commissions, self-employment income, rental income, and other forms of earnings.
• Custody and Parenting Time: If one parent has primary custody, the other parent may be required to pay child support. In cases where parents share custody, child support is typically calculated based on the amount of time the child spends with each parent, as well as the relative incomes of both parents.
• Health Insurance and Medical Expenses: The costs associated with health insurance and medical expenses for the child are also factored into the child support calculation.
• Childcare Expenses: If a parent pays for childcare so they can work or attend school, those expenses may also be added to the child support obligation.
• Special Needs or Extraordinary Expenses: If the child requires ongoing medical treatment, therapy, or educational support, the court may adjust the child support amount to account for these expenses.

How to Establish a Child Support Order?

When parents are not married, or when a couple separates, establishing a child support order is essential. This ensures that both parents are legally obligated to contribute to the child’s financial needs. Child support is usually established in a superior court case, such as a divorce or legitimation case.

If parents cannot agree on the terms of child support, the court will intervene and issue an order. A Gwinnett County child support attorney can guide you through the process of filing a child support petition, gathering necessary documentation, and presenting your case in court. This may include presenting financial records, demonstrating your income, and providing evidence of the child’s needs.

In situations where a parent is avoiding their child support obligations, the court can use enforcement measures to compel payment, such as garnishing wages, withholding tax refunds, or even placing liens on property.

How Long Do You Have to Pay Child Support in Georgia?

Child support generally ends when the child turns 18, marries, dies, or becomes emancipated, but a court may order support to continue for a child who turns 18 while still enrolled in and attending high school, though not past age 20.

How to Modify a Child Support Order?

Child support can be modified if there has been a significant change in the financial circumstances of either parent or the needs of the child since the support was last established. Generally, a parent cannot file a new petition to modify child support within two years after the final order on that same parent’s prior modification petition, but exceptions apply, including an involuntary loss of income and parenting time that differs from the court order.

We can help you! Call the law office of Daniels & Taylor, P.C.at (770) 285-1673 if you think you are entitled to an increase or decrease in child support.

What is Child Support Contempt?

Contempt is part of the court’s inherent power to enforce its orders. A contempt motion in a support case is usually aimed at making the other party comply with the order, though a court may also punish willful disobedience with criminal contempt sanctions. Contempt must be a “willful” refusal of the party to obey the order, rather than an inability to do so. Failure to pay court-ordered child support is a serious matter which can result in serious life-altering consequences.

As a general rule, the Superior Court which entered the order or judgment has exclusive jurisdiction to enforce it by contempt, but there are some exceptions to this rule.

The Trial Court in a contempt hearing has the authority to enforce the terms of its order, but not to modify the order. Enforcement sometimes includes: 

• Incarceration
• Seizure of driver’s license
• Forfeiture of automobile tag
• Garnishment of wages or bank accounts
• Seizure of tax refunds
• Work release
• Forced sale of assets

There are also obvious consequences to the children and custodial parent when child support is not paid. Attorney fees can and often are awarded to either party within the sound discretion of the court.

If you are entitled to receive child support and are not being paid as ordered by the court, or if you have been accused and must defend against an accusation of not paying your child support, our Lawrenceville attorneys at Daniels & Taylor, P.C. can help.

Does Georgia Have a Cap on Child Support?

Georgia does not cap child support; when parents’ combined adjusted gross income exceeds $40,000 per month, the court starts with the highest amount in the guidelines table and may deviate upward if that serves the child’s best interests. For families with combined gross incomes above a certain threshold (currently $40,000 per month or $480,000 per year), the courts may deviate from the guidelines. The court will then assess the specific needs of the child and the circumstances of both parents before determining a fair amount of child support.

If a family’s combined income exceeds the threshold, the court may order more than the guideline amount, but this is typically determined on a case-by-case basis. For very high-income cases, courts will consider the child’s needs, the parents’ financial situations, and other relevant factors to ensure that child support is fair and reasonable.

Understanding Child Support in Gwinnett County: Local Insights & Resources

Living in Gwinnett County, you are part of a vibrant community that values family and the well-being of its children. Navigating child support issues here can be complex, but knowing the local resources and government entities available can make a significant difference. The Gwinnett County Superior Court is the primary entity handling child support cases, making sure that both parents contribute fairly to their child’s upbringing.

One common challenge faced by parents in Gwinnett County is understanding the shared income approach to child support. This method considers the income of both parents, which can be particularly relevant in our diverse economic landscape. With the cost of living and childcare expenses in areas like Duluth and Snellville, it’s crucial to have accurate calculations to meet your child’s needs.

Another significant pain point for local parents is the modification of child support orders. Changes in financial circumstances, such as job loss or increased medical expenses, are common in our community. Our Gwinnett County child support attorneys can help you through this process. Whether you believe you are entitled to an increase or decrease in child support.

For those dealing with child support contempt issues, the consequences can be severe, including wage garnishment or even incarceration. If you find yourself in this situation, understanding the local legal landscape and having a dedicated legal team can help you navigate these challenges.

At Daniels & Taylor, P.C., we are deeply familiar with the unique aspects of Gwinnett County. From the bustling streets of Norcross to the serene neighborhoods of Buford, we understand the local dynamics and can support you through every step of your child support journey.

Partner with Our Trusted Child Support Lawyers in Lawrenceville

From our office in Lawrenceville, our lawyers represent clients in communities throughout Gwinnett County, Georgia.

Call us at (770) 285-1673 or contact us by email to arrange a free case evaluation today.