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Child Support Commission

Child Support Commission. Georgia’s New Child Support Guidelines*. Income Shares *Effective Date is July 1, 2006. Purpose. Captures actual child-rearing expenses at various levels of parental income and then pro-rates these expenses between both parents.

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Child Support Commission

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  1. Child Support Commission

  2. Georgia’s New Child Support Guidelines* Income Shares *Effective Date is July 1, 2006

  3. Purpose • Captures actual child-rearing expenses at various levels of parental income and then pro-rates these expenses between both parents • Requires consideration of the income of both parents • Allows child to share in the financial resources of both parents • Each parent is responsible for his/her pro-rata share of the child support obligation

  4. Basic Concepts • Adjusted Income • Combined Adjusted Income • Child Support Obligation Table • Basic Child Support Obligation • Adjusted Support Obligation

  5. Tools for Calculation of Support

  6. Tools for Calculation of Support • Worksheets • Child Support Worksheet – to be used in all cases for calculation of the child support obligation • Electronic Calculator—to be used in calculating child support via the computer. It will be in the form of a worksheet but prompting questions will guide user.

  7. Sample Calculation

  8. Gross Income Calculations

  9. Gross Income Calculations • Gross Income • From all non-exempt sources – same is in current Guidelines • Both parents of the child – Do not consider income of a non-parent custodian • No deductions for federal income taxes or FICA contributions, except for self-employed parents – these taxes are taken into consideration within the child support obligation tables

  10. Gross Income Calculations • Adjusted Income • Gross Income minus the following: • Self-employment taxes paid by the parent • Amounts paid on pre-existing child support orders • Support provided to qualified other children of the parent* • The Adjusted Income of each parent is combined to determine the percentage of income (pro rata) for each parent *Discretionary or as a reason for a deviation

  11. Credits for Qualified Other Children • Pre-existing support orders • The filing date of the pre-existing order is earlier than the filing date of the case before the court • The parent is actually paying support, as evidenced by documentation • Does not include amounts paid on arrears

  12. Credits for Qualified Other Children • Children not subject of pre-existing child support orders • Credits for either parent’s other children may be considered by the court for the purpose of reducing the parent’s gross income or as a reason for deviation • Credits may be considered for other children: --for whom parent is legally responsible and resides in parent’s home --for whom parent is actually supporting --who are not before the court to set, modify or enforce support • Stepchildren and other minors in home where parent has no legal obligation to support shall not be considered in the calculation of this credit

  13. Alimony • Actual payments of alimony should not be considered as a deduction from gross income, but may be considered as a deviation or a factor to vary from the final presumptive child support order

  14. Gross Income Calculations • Willful and Voluntary (Under)Unemployment – • Similar to the ground of deviation found in the current Guidelines • Determination now applies to both parents • Applies to any intentional act of the parent • Statute contains list of factors to guide court • Imputed Income – • Similar to current process • If no other reliable evidence of parent’s income or income potential, court may impute 40 hour workweek at minimum wage • Upon motion to the court, either parent may later (within 90 days) provide reliable evidence of income

  15. Basic Child Support Obligation

  16. CHILD SUPPORT OBLIGATION TABLE

  17. State Comparisons: 1 Child: CP Income = NCP Income

  18. Basic Child Support Obligation • Amount of basic support to be provided by both parents is determined on the Child Support Schedule by cross-referencing the combined adjusted income of both parents with the number of children for whom support is being calculated – amount does not include: • Adjustments for additional expenses • Adjustments for parenting time • Adjustments for deviations • Uninsured medical expenses • This amount is allocated between the parents according to the percentage of income of each parent

  19. Definitions • Percentage of Income– the percentage of income for each parent is calculated by dividing each parent’s adjusted gross income by the combined adjusted gross income of both parents

  20. Definitions • Parenting time adjustment - adjustment to the NCP’s portion of the basic child support obligation, based upon the NCP’s parenting time with the child

  21. Definitions • Days – a parent gets credit for a day of parenting time if the child spends more than 12 hours of a calendar day with or under the control of a parent and that parent expends a reasonable amount of resources on the child during this time period

  22. Treatment of Expenses

  23. Treatment of Expenses • Amounts actually paid by a parent or non-parent custodian • Basic Expenses • Such as: • Food • Clothing • Housing • Will be included within the basic support obligation

  24. Treatment of Expenses • Additional Expenses • Mandatory Expenses • Child’s healthcare premium • Expense attributable only to child for whom support is being calculated • Prorated between the parents based upon their respective incomes. • Added on to basic child support obligation • Work-related childcare • Projected over next 12 months and averaged for a monthly amount • Expense due to employment of either parent • Added on to the basic child support obligation • Prorated between the parents

  25. Treatment of Expenses • Uninsured Medical Expenses -- Includes uninsured medical expenses, such as health insurance co-payments and deductibles, as well as expenses not covered by insurance. --Parents should divide expenses pro rata. Note: This is not included in the support calculation, but listed as a separate category on the Worksheet. Also: --In instances of extreme hardship, extraordinary special needs for the child of parent’s current family may be considered as a deviation from the child support guidelines.

  26. Treatment of Expenses Extraordinary Educational Expenses • May be added to the Basic Child Support Obligation as a deviation • May include tuition, room and board, lab fees, books, and other reasonable expenses associated with special needs or private school education that are appropriate to the parent’s financial abilities and lifestyle of the child • If deviation is allowed, a monthly average of these expenses shall be based on evidence of prior or anticipated expenses and entered on the child support worksheet under the deviation section

  27. Treatment of Expenses Special Expenses • Incurred for child rearing, such as camp, music or art lessons, travel, school extracurricular activities...can include cost variations based on children at different age levels. • When special expenses exceed 7% of the monthly basic child support obligation, then court shall consider additional amounts of support as a deviation to cover the expenses.

  28. Child Support Order • Deviations • Must consider the best interests of child for whom support is being calculated • Order shall include written findings of fact: reason for deviation, guideline amount and findings in support of deviation

  29. Specific Deviations Suggested in the Statute • High Income—Court may consider upward deviations to attain an appropriate award of child support for high income parents consistent with best interests of the child. • Low Income—Court may consider low income as a basis for a deviation from the guidelines. • Travel Expenses—Court may consider the substantial costs incurred to visit child. • Alimony • Permanency Plan or Foster Care Plan—Court may consider a deviation to assist in accomplishing a Permanency Plan for the Child with the goal of returning the Child to Parent(s).

  30. Child Support Order • Modifications • Generally require a significant change in circumstances of parent’s financial circumstances and needs of children • No petition to modify may be filed by either parent within a period of two (2) years from the date of the final order on a previous petition • Attorneys’ Fees • In proceedings for modification, court may award attorneys’ fees, costs and expenses to prevailing party as the interests of justice may require • Where non-custodial parent fails to exercise visitation as ordered and custodial parent prevails in upward modification, court may award reasonable attorneys’ fees to custodial parent

  31. Modification • The adoption of these new guidelines constitutes a significant material change in the establishment and calculation of child support orders – • An increase or decrease of 15% or more between the amount of the existing order and the amount of support resulting from application of these guidelines, shall be presumed to constitute a material change in circumstances to warrant a modification. • The differential is calculated by applying 15% to the existing award, and • May petition court for modification regardless of length of time since establishment or most recent modification. Need to also look to see if material change in parents’ incomes and the needs of the child. • If difference of 30% or more between the new award and prior award, the court may phase in the new child support award over a period of up to a year.

  32. Summary of Calculations • Basic Child Support Obligation– • Obtained from the Child Support Obligation Table • Based on number of children and combined adjusted gross income of both parents • Adjusted Support Obligation-- • Basic Child Support Obligation adjusted for parenting time, the health insurance premium and work related child care expenses.

  33. Summary of Calculations • Presumptive Child Support Order • Amount of support to be paid for the children derived from the parent’s proportional share of the basic child support obligation, • Adjusted for parenting time, • Plus the addition of the parent’s proportional share of any additional expenses. • Rebuttably presumed to be the appropriate child support order • Final Child Support Order • Presumptive Child Support Order, • Adjusted by any deviations ordered from the Court.

  34. If one has comments, suggestions or recommendations regarding HB 221, you may • Join the listserv:  http://mail.georgiacourts.org.  This listserv is primarily directed at the public who are interested in the Child Support Guidelines Commission and are seeking more information or want to comment.  All meeting notices, summary of minutes and agendas will be posted also.   Or • Send the Child Support Guidelines Commission an e-mail. The Commission’s e-mail address is: childsupport@gaaoc.us.

  35. PUBLIC HEARINGS The Commission is seeking the public’s input regarding the statute, including the suggested revisions and Obligation Table. The meetings were held in Atlanta, Columbus, Albany and now, Savannah. To view the Atlanta Public Hearing and retrieve handouts, go to the following website: www.georgiacourts.org/childsupp.html

  36. Actual Calculations • Case Scenarios--Real Case Facts Derived from Case Sampling Conducted with 12 Georgian Counties in compliance with 45 C.F.R.§302.56 requiring the State to analyze case data, gathered through a sampling or other methods on the application of and deviation from the guidelines.

  37. Income Scenarios from Actual Georgia Case File Data

  38. NCP Income Information from Actual Case Files

  39. Facts • Divorce Case • One Child with Primary Physical Custody going to Mother • Gross Income of Father is $2083 monthly • Gross Income of Mother is $2639 monthly • Combined Income is $4722 • Current Child Support Based on 19% is $400 per month. No add-ons and no other facts

  40. Basic Child Support Under Proposed Tables • Under Rothbarth Single Table, the Basic Child Support Amount is $812 The Father’s percentage of income is 44%, so his pro rata share is $357. • Under the Average of Rothbarth Single and Engel Single, the Basic Support Obligation is $883 x 44% to equal the father’s pro rata share of $389. Compare to $400 of Current Support?

  41. No, Cannot Compare the Basic Support Obligation Amount with the Current Support Awards. Not Apples to Apples but Apples to Oranges. Under Income Shares, much more fact specific. After the Basic Support Obligation Amount, there is the Adjustment of Other Expenses, both Mandatory and Permissive.

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