Why is Child Support So Complicated?

One of the more frustrating uncertainties in contested divorce is determining the amount of child support a non-custodial parent will pay to a custodial parent. It would be so easy if I could simply tell my clients: “Child support is 25% of the non-custodial parent’s gross income.” Child support, however – like so many other aspects of a divorce – is more complicated than that.

Georgia’s legislature has passed a child support statute that takes a number of factors into account to determine the “proper” amount of child support. The first step for determining the “Basic Child Support Obligation” considers the number of children, the parents’ total gross income, and the parents’ total adjusted gross income. (Parents’ income can be “adjusted” for existing child support obligations, self-employment, etc.). As adjusted gross income and the number of children increase, the basic child support obligation goes up and up.

The Basic Child Support Obligation is then increased or decreased based upon a few basic expenses: healthcare insurance and work-related childcare. These costs are then apportioned between the parents based upon their respective incomes. This adjusted amount is then called the Presumptive Child Support Amount.

The Presumptive Child Support Amount is then adjusted for several additional factors, called extraordinary expenses. These extraordinary expenses include: extracurricular expenses, educational expenses, hygiene, extraordinary medical expenses, and others. These special expenses may increase or decrease the presumptive child support amount if they exceed 7% of the basic obligation.

Finally, the final child support obligation considers “deviations” from the presumptive child support amount. A deviation is discretionary, meaning the judge or jury may or may not order it, regardless whether determining criteria are met. Deviations consider other forms of support such as provision of life insurance, visitation-related travel expenses, tax credits, alimony, high income, low income, and my favorite “other non-specific deviations.”

Child support is not a simple question with a simple answer. My standard (albeit frustrating) answer when a client asks me about child support is “It depends.” To help provide some peace of mind and sense of certainty, I provide a reasonable range in which child support might fall, depending on how other factors are resolved or decided in the divorce. The important thing to remember is that the child support amount is an important piece to of the puzzle, but it must be considered in the bigger context of divorce.