Important changes made to Georgias child support law. This change impacts the Basic Child Support Obligation (BCSO) table by the formula for the court to use.
SUWANEE, Ga., June 5, 2024 /PRNewswire-PRWeb/ -- In the last legislative session, the Georgia Legislature passed SB 454, made several important changes to Georgia's Child Support Guidelines, codified at O.C.G.A. §19-6-15. Governor Brian Kemp signed SB 454 on May 6, 2024. This revision accomplishes three main things: it changes the Basic Child Support Obligation (BCSO) table; it changed the formula for the court to use in circumstances where parents have lower incomes; and it establishes a formula and a parenting time adjustment to the child support amount.
In Georgia, child support is calculated taking into account various factors set out in the Child Support Statute, O.C.G.A. §19-6-15. The amount of child support that is to be paid by both parents is determined by the BCSO table. This table had not been updated since the Child Support Statute was comprehensively changed in 2007. Prior to 2007, child support was calculated by taking a percentage of the noncustodial parent's monthly income as the child support amount. In 2007, the Child Support Statute was changed to an income shared model.
The income shared model used in Georgia and many other states, looks at several factors to determine child support, including the gross income of both parents, the number of children they have together, and the costs of the children's health insurance premiums and day care expenses. When there are reasons why the amount as determined by the Child Support Statute is not fair, there are categories of factors and expenses (called deviations) that can be considered by the parents or the Court to change the amount as determined by the Child Support Statute.
Since the BCSO table had not changed in more than 15 years, the Legislature decided that it was time for an update to the table. The Georgia Child Support Commission hired experts to determine what the appropriate costs are to raise children at every income level from $800 a month to $40,000 a month, or $9,600 to $480,000 a year. This is a big increase as the old BCSO stopped at $30,000 a month or $360,000 a year. The numbers on the BCSO table also change depending on how many children are in your family. In most cases, this means that since the costs of raising children have increased since 2007, the amount of child support that should be paid has also gone up.
Some parents complained that the amount determined by the Child Support Statute is too high, and now the law has changed. If you have a lower income, there is now an alternate method of setting and determining child support. If your income is between $1,550 and $3,950 a month, or $18,600 to $47,400 a year, there is a new low-income adjustment table that can apply. In many situations this table will result in a lower child support obligation being set. As you complete the Child Support Worksheets, if the low-income adjustment table applies, the Worksheet will automatically use the appropriate table to your situation.
For the first time, benefits paid by the Department of Veteran's Affairs to disabled veterans for the benefit of their children will now be considered in the Child Support calculation and will reduce veteran's out of pocket obligation to pay child support. Under the older law, the custodial parent would receive the benefits on behalf of the child plus child support, and now the benefits reduce the amount of child support Veterans have to pay. This enables our disabled veterans to have more income to take care of themselves, but also makes sure their children are financially supported.
The biggest change in the Child Support Statute is including a mandatory parenting time adjustment in the calculation, instead of a discretionary deviation. The amounts listed in Georgia's current BCSO are based on the expenses to raise a child in a family that is not divorced. Some of the expenses are therefore paid by the custodial parent and some by the noncustodial parent. The new parenting time adjustment changes the amount of child support paid by the noncustodial parent based on the number of days the child spends with each parent. Now, depending on the income levels of the parents and the amount of time spent by the child with each parent, the noncustodial parent's obligation could be zero, or the custodial parent may have to pay the noncustodial parent child support when there is a big difference in the parent's incomes.
These changes will not take place all at once, however. The new BCSO table takes effect July 1, 2024. The low-income adjustment and the parenting time adjustment take effect January 1, 2026. The current rules for low-income deviation and the current parenting time deviation will stay in effect until January 1, 2026.
If you are deciding whether a child support modification is appropriate, look at the change in the parents' income and financial status and the needs of the child from the time of the last Order to now, but also make sure you are aware which BCSO table will apply to your situation. The change in the BCSO is not in itself a reason to change your existing child support award, but it will impact the amount of child support. As the parenting time adjustment changes go into effect in January 2026, make sure that you exercise all the parenting time that you have under your current order, as the days that you spend with your children will soon affect the child support amount. If you are trying to decide whether a child support modification is right for you, please make sure any attorney you consult with is aware of all the changes to the Georgia Child Support Statute.
About Sachs Family Law, PC:
Sachs Family Law, PC is a leading law firm focusing on divorce, child support, child custody modifications, and enforcement of parents' legal rights in Georgia, dedicated to empowering parents and safeguarding the well-being of children. Through advocacy, education, and support services, Sachs Family Law, PC works tirelessly to promote positive outcomes for families navigating the complexities of the legal system.
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Dorothy "Dodie" Sachs
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Conclusion:
The reforms to Georgia's child support law signal a new chapter in the state's commitment to supporting families and children. By modernizing calculation methods, expanding the BCSO table, and considering days of parenting time, these changes aim to create a more equitable and responsive system that fosters financial stability, parental accountability, and the well-being of Georgia's children. As families adapt to the revised legal framework, access to accurate information, resources, and legal guidance will be essential in navigating the complexities of the child support process effectively.
Media Contact
Dodie Sachs, Sachs Family Law, P.C., 1 770-695-7430, [email protected] , https://sachsfamilylaw.com/
SOURCE Sachs Family Law, P.C.
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