Support in Georgia

Overview of Georgia Support Law

Georgia adopted the income shares model for child support in 2007, replacing its earlier percentage-of-income approach. The current framework is governed by O.C.G.A. § 19-6-15 and requires courts to consider both parents’ gross incomes when determining child support obligations. Alimony in Georgia is a separate determination governed by O.C.G.A. § 19-6-1 and left to the court’s discretion, with no statutory formula.

The shift to income shares was a significant change for Georgia families. Understanding how the current system works — and how alimony factors in — is critical for anyone navigating a divorce or custody matter in the state.

How Child Support Is Calculated

Georgia’s child support calculation begins with determining each parent’s gross income. Gross income includes wages, salaries, commissions, bonuses, self-employment income, rental income, Social Security benefits, and most other recurring sources of income. The court may impute income to a parent who is voluntarily unemployed or underemployed.

The two parents’ gross incomes are combined to produce a combined adjusted gross income. That figure is then applied to the basic child support obligation table in O.C.G.A. § 19-6-15, which sets a presumptive support amount based on the combined income and the number of children.

Each parent’s pro rata share of the obligation is proportional to their share of the combined income. The noncustodial parent’s share becomes the basis for the child support order, subject to adjustments.

Permitted adjustments under the statute include:

• Health insurance premiums for the child
• Work-related childcare costs
• Extraordinary educational expenses
• Extraordinary medical expenses
• Special expenses for the child’s extracurricular activities

Georgia’s schedule also allows for deviations when the court finds that the presumptive amount would be unjust or inappropriate. The statute lists specific deviation factors, including high or low income, parenting time arrangements, travel costs for visitation, and other relevant considerations. Any deviation must be supported by written findings.

For a general overview of how income shares models work, see our guide on how child support is calculated.

Parenting Time and Child Support

One notable feature of Georgia’s system is how it handles shared parenting time. While the basic calculation assumes a traditional custodial/noncustodial arrangement, courts may deviate from the guideline amount when the noncustodial parent exercises extended parenting time (typically defined as more than the standard visitation schedule). The logic is that a parent who has the child for more overnights incurs more direct expenses, which should be reflected in the support order.

However, Georgia does not have an automatic adjustment formula for shared custody the way some states do. The court uses its discretion to determine an appropriate deviation.

Modifying Child Support

Either parent can petition to modify a child support order by showing a material change in circumstances. Under Georgia law, a modification is warranted when the new calculation would result in a change of the support amount that differs from the existing order. Courts typically look for a change that is both significant and ongoing rather than temporary.

Common grounds include:

• A substantial increase or decrease in either parent’s income
• A change in custody or parenting time
• A change in the child’s needs, such as new medical or educational requirements
• A change in the cost of health insurance or childcare
• A child reaching the age of majority (child support in Georgia generally ends at age 18, or age 20 if the child is still in secondary school and unmarried)

To estimate your potential obligation under Georgia’s guidelines, try our child support calculator.

Enforcing Child Support

Georgia enforces child support through the Division of Child Support Services (DCSS) within the Department of Human Services. Enforcement mechanisms include income deduction orders, interception of tax refunds, reporting to credit bureaus, suspension of driver’s licenses and professional licenses, passport denial, liens on property, and contempt of court proceedings that can result in fines or incarceration.

Alimony in Georgia

Georgia courts have broad discretion when awarding alimony. There is no formula or guideline schedule — the amount and duration are determined on a case-by-case basis. Alimony may be awarded as temporary support during the divorce proceedings or as a longer-term obligation in the final decree.

Georgia recognizes several forms of alimony in practice:

• Temporary alimony: Paid during the pendency of the divorce to maintain the status quo
• Rehabilitative alimony: Awarded for a set period to allow the recipient spouse to gain education, training, or employment
• Permanent alimony: Awarded in longer marriages or when the recipient spouse cannot become self-supporting due to age, health, or other factors

Factors the Court Considers for Alimony

Under O.C.G.A. § 19-6-1, the court considers a range of factors, including:

• The standard of living established during the marriage
• The duration of the marriage
• The age and physical and emotional condition of each spouse
• The financial resources of each spouse, including separate and marital property
• The time necessary for the requesting spouse to acquire education or training for appropriate employment
• The contribution of each spouse to the marriage, including homemaking, childcare, and support of the other’s career
• The condition of the parties, including their separate estates, earning capacity, and fixed liabilities

The Adultery Bar

One of the most consequential rules in Georgia alimony law is the adultery bar. Under O.C.G.A. § 19-6-1(b), if the court finds that the separation was caused by a spouse’s adultery or desertion, that spouse is not entitled to alimony. This is a complete bar, not merely a factor to weigh. The burden of proof falls on the spouse alleging adultery, and the standard is a preponderance of the evidence.

This rule makes Georgia one of the stricter states on marital fault in the alimony context. If adultery is alleged, it can fundamentally change the financial outcome of the divorce.

Duration and Termination of Alimony

Georgia law does not prescribe specific durations for alimony. Courts fashion awards based on the facts. Alimony terminates automatically upon the death of either party or the voluntary cohabitation of the recipient spouse in a meretricious relationship (a romantic relationship involving cohabitation). Remarriage of the recipient spouse also terminates alimony.

Modification of alimony is available when there has been a change in the income or financial status of either spouse, unless the divorce decree or settlement agreement expressly bars modification.

When to Seek Legal Help

Georgia’s child support guidelines provide a starting framework, but the deviation provisions and the discretionary nature of alimony mean that outcomes depend heavily on the facts presented and how they are argued. The adultery bar in particular can have a dramatic impact on the financial terms of a divorce.

If you are dealing with child support or alimony questions in Georgia, consider scheduling a free consultation to discuss your circumstances with a qualified family law attorney.