2022 Georgia Code
Title 19 - Domestic Relations
Chapter 6 - Alimony and Child Support
Article 1 - General Provisions
§ 19-6-15. Child Support Guidelines for Determining Amount of Award; Continuation of Duty of Support; Duration of Support

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Definitions. As used in this Code section, the term:
1. Reserved.
2. “Adjusted income” means the determination of a parent’s monthly income, calculated by deducting from that parent’s monthly gross income one-half of the amount of any applicable self-employment taxes being paid by the parent, any preexisting order for current child support which is being paid by the parent, and any theoretical child support order for other qualified children, if allowed by the court. For further reference see paragraph (5) of subsection (f) of this Code section.
3. “Basic child support obligation” means the monthly amount of support displayed on the child support obligation table which corresponds to the combined adjusted income and the number of children for whom child support is being determined.
4. Reserved.
5. Reserved.
6. “Child support obligation table” means the chart set forth in subsection (o) of this Code section. (6.1) “Child support services” means the entity within the Department of Human Services and its contractors that are authorized to enforce a duty of support.
7. “Combined adjusted income” means the amount of adjusted income of the custodial parent added to the amount of adjusted income of the noncustodial parent.
8. “Court” means a judge of any court of record or an administrative law judge of the Office of State Administrative Hearings.
9. “Custodial parent” means the parent with whom the child resides more than 50 percent of the time. When a custodial parent has not been designated or when a child resides with both parents an equal amount of time, the court shall designate the custodial parent as the parent with the lesser support obligation and the other parent as the noncustodial parent. When the child resides equally with both parents and neither parent can be determined as owing a greater amount than the other, the court shall determine which parent to designate as the custodial parent for the purpose of this Code section.
10. “Deviation” means an increase or decrease from the presumptive amount of child support if the presumed order is rebutted by evidence and the required findings of fact are made by the court or the jury pursuant to subsection (i) of this Code section.
11. “Final child support amount” means the presumptive amount of child support adjusted by any deviations.
12. “Gross income” means all income to be included in the calculation of child support as set forth in subsection (f) of this Code section.
13. “Health insurance” means any general health or medical policy. For further reference see paragraph (2) of subsection (h) of this Code section.
14. “Noncustodial parent” means the parent with whom the child resides less than 50 percent of the time or the parent who has the greater payment obligation for child support. When the child resides equally with both parents and neither parent can be determined as owing a lesser amount than the other, the court shall determine which parent to designate as the noncustodial parent for the purpose of this Code section.
15. “Nonparent custodian” means an individual who has been granted legal custody of a child, or an individual who has a legal right to seek, modify, or enforce a child support order.
16. “Parent” means a person who owes a child a duty of support pursuant to Code Section 19-7-2.
17. “Parenting time deviation” means a deviation allowed for the noncustodial parent based upon the noncustodial parent’s court ordered visitation with the child. For further reference see subsections (g) and (i) of this Code section.
18. “Preexisting order” means:
  1. An order in another case that requires a parent to make child support payments for another child, which child support the parent is actually paying, as evidenced by documentation as provided in division (f)(5)(B)(iii) of this Code section; and
  2. That the date and time of filing with the clerk of court of the initial order for each such other case is earlier than the date and time of filing with the clerk of court of the initial order in the case immediately before the court, regardless of the age of any child in any of the cases.
  1. For whom the parent is legally responsible and in whose home the child resides;
  2. Who the parent is actually supporting;
  3. Who is not subject to a preexisting order; and
  4. Who is not before the court to set, modify, or enforce support in the case immediately under consideration. Qualified children shall not include stepchildren or other minors in the home who the parent has no legal obligation to support.
  (a.1) (1) As used in this chapter, the term “child” means child or children, including any unborn child with a detectable human heartbeat as such terms are defined in Code Section 1-2-1.
  1. Determine the monthly gross income of both the custodial parent and the noncustodial parent. Gross income may include imputed income, if applicable. The determination of monthly gross income shall be entered on the Child Support Schedule A — Gross Income;
  2. Adjust each parent’s monthly gross income by deducting the following from the parents’ monthly gross income and entering it on the Child Support Schedule B — Adjusted Income if any of the following apply:
    1. One-half of the amount of self-employment taxes;
    2. Preexisting orders; and
    3. Theoretical child support order for qualified children, if allowed by the court;
    1. High income;
    2. Low income;
    3. Other health related insurance;
    4. Life insurance;
    5. Child and dependent care tax credit;
    6. Travel expenses;
    7. Alimony;
    8. Mortgage;
    9. Permanency plan or foster care plan;
    10. Extraordinary expenses;
    11. Parenting time; and
    12. Nonspecific deviations;
    1. The child support guidelines contained in this Code section are a minimum basis for determining the amount of child support and shall apply as a rebuttable presumption in all legal proceedings involving the child support responsibility of a parent. This Code section shall be used when the court enters a temporary or permanent child support order in a contested or noncontested hearing or order in a civil action filed pursuant to Code Section 19-13-4. The rebuttable presumptive amount of child support provided by this Code section may be increased or decreased according to the best interest of the child for whom support is being considered, the circumstances of the parties, the grounds for deviation set forth in subsection (i) of this Code section, and to achieve the state policy of affording to children of unmarried parents, to the extent possible, the same economic standard of living enjoyed by children living in intact families consisting of parents with similar financial means.
    2. The provisions of this Code section shall not apply with respect to any divorce case in which there are no minor children, except to the limited extent authorized by subsection (e) of this Code section. In the final judgment or decree in a divorce case in which there are minor children, or in other cases which are governed by the provisions of this Code section, the court shall:
      1. Specify in what sum certain amount, the duration of such support, and from which parent the child is entitled to permanent support as determined by use of the worksheet or multiple worksheets when there is more than one minor child;
      2. Specify in what manner, how often, to whom, and until when the support shall be paid;
      3. Include a written finding of each parent’s gross income as determined by the court or the jury;
      4. Determine whether health insurance for the child involved is reasonably available at a reasonable cost to either parent. If the health insurance is reasonably available at a reasonable cost to the parent, then the court shall order that the child be covered under such health insurance;
      5. Include written findings of fact as to whether one or more of the deviations allowed under this Code section are applicable, and if one or more such deviations are applicable as determined by the court or the jury, the written findings of fact shall further set forth:
        
        The reasons the court or the jury deviated from the presumptive amount of child support;
        
        The amount of child support that would have been required under this Code section if the presumptive amount of child support had not been rebutted; and
        
        A finding that states how the court’s or the jury’s application of the child support guidelines would be unjust or inappropriate considering the relative ability of each parent to provide support and how the best interest of the child who is subject to the child support determination is served by deviation from the presumptive amount of child support;
        
        Inclusion to gross income.
        
        Attributable income. Gross income of each parent shall be determined in the process of setting the presumptive amount of child support and shall include all income from any source, before deductions for taxes and other deductions such as preexisting orders for child support and credits for other qualified children, whether earned or unearned, and includes, but is not limited to, the following:
        
        Salaries;
        
        Commissions, fees, and tips;
        
        Income from self-employment;
        
        Bonuses;
        
        Overtime payments;
        
        Severance pay;
        
        Recurring income from pensions or retirement plans, including, but not limited to, United States Department of Veterans Affairs, Railroad Retirement Board, Keoghs, and individual retirement accounts;
        
        Interest income;
        
        Dividend income;
        
        Trust income;
        
        Income from annuities;
        
        Capital gains;
        
        Disability or retirement benefits that are received from the Social Security Administration pursuant to Title II of the federal Social Security Act;
        
        Disability benefits that are received pursuant to the federal Veterans’ Benefits Act of 2010, 38 U.S.C. Section 101, et seq.;
        
        Workers’ compensation benefits, whether temporary or permanent;
        
        Unemployment insurance benefits;
        
        Judgments recovered for personal injuries and awards from other civil actions;
        
        Gifts that consist of cash or other liquid instruments, or which can be converted to cash;
        
        Prizes;
        
        Lottery winnings;
        
        Alimony or maintenance received from persons other than parties to the proceeding before the court;
        
        Assets which are used for the support of the family; and
        
        Other income.
        
        Excessive promotional, travel, vehicle, or personal living expenses, depreciation on equipment, or costs of operation of home offices; or
        
        Amounts allowable by the Internal Revenue Service for the accelerated component of depreciation expenses, investment tax credits, or any other business expenses determined by the court or the jury to be inappropriate for determining gross income. In general, income and expenses from self-employment or operation of a business should be carefully reviewed by the court or the jury to determine an appropriate level of gross income available to the parent to satisfy a child support obligation. Generally, this amount will differ from a determination of business income for tax purposes.
        
        Base pay;
        
        Drill pay;
        
        Basic allowance for subsistence, whether paid directly to the parent or received in-kind; and
        
        Basic allowance for housing, whether paid directly to the parent or received in-kind, determined at the parent’s pay grade at the without dependent rate, but shall include only so much of the allowance that is not attributable to area variable housing costs. Except as determined by the court or the jury, special pay or incentive pay, allowances for clothing or family separation, and reimbursed expenses related to the parent’s assignment to a high cost of living location shall not be considered income for the purpose of determining gross income.
        
        Child support payments received by either parent for the benefit of a child of another relationship;
        
        Benefits received from means-tested public assistance programs such as, but not limited to:
        
        PeachCare for Kids Program, Temporary Assistance for Needy Families Program, or similar programs in other states or territories under Title IV-A of the federal Social Security Act;
        
        Food stamps or the value of food assistance provided by way of electronic benefits transfer procedures by the Department of Human Services;
        
        Supplemental security income received under Title XVI of the federal Social Security Act;
        
        Benefits received under Section 402(d) of the federal Social Security Act for disabled adult children of deceased disabled workers; and
        
        Low-income heating and energy assistance program payments;
        
        Benefits received under Title II of the federal Social Security Act by a child on the obligor’s account shall be counted as child support payments and shall be applied against the final child support amount to be paid by the obligor for the child.
        
        After calculating the obligor’s monthly gross income, including the countable social security benefits as specified in division (1)(A)(xiii) of this subsection, and after calculating the amount of child support, if the presumptive amount of child support, as increased or decreased by deviations, is greater than the social security benefits paid on behalf of the child on the obligor’s account, the obligor shall be required to pay the amount exceeding the social security benefit as part of the final order in the case.
        
        After calculating the obligor’s monthly gross income, including the countable social security benefits as specified in division (1)(A)(xiii) of this subsection, and after calculating the amount of child support, if the presumptive amount of child support, as increased or decreased by deviations, is equal to or less than the social security benefits paid to the nonparent custodian or custodial parent on behalf of the child on the obligor’s account, the child support responsibility of that parent shall have been met and no further child support shall be paid.
        
        Any benefit amounts under Title II of the federal Social Security Act as determined by the Social Security Administration sent to the nonparent custodian or custodial parent by the Social Security Administration for the child’s benefit which are greater than the final child support amount shall be retained by the nonparent custodian or custodial parent for the child’s benefit and shall not be used as a reason for decreasing the final child support amount or reducing arrearages.
        
        Imputed income. When establishing the amount of child support, if a parent fails to produce reliable evidence of income, such as tax returns for prior years, check stubs, or other information for determining current ability to pay child support or ability to pay child support in prior years, and the court or the jury has no other reliable evidence of the parent’s income or income potential, gross income for the current year may be imputed. When imputing income, the court or the jury shall take into account the specific circumstances of the parent to the extent known, including such factors as the parent’s assets, residence, employment and earnings history, job skills, educational attainment, literacy, age, health, criminal record and other employment barriers, and record of seeking work, as well as the local job market, the availability of employers willing to hire the parent, prevailing earnings level in the local community, and other relevant background factors in the case. If a parent is incarcerated, the court or the jury shall not assume an ability for earning capacity based upon pre-incarceration wages or other employment related income, but income may be imputed based upon the actual income and assets available to such incarcerated parent.
        
        Modification. When cases with established orders are reviewed for modification and a parent fails to produce reliable evidence of income, such as tax returns for prior years, check stubs, or other information for determining current ability to pay child support or ability to pay child support in prior years, and the court or the jury has no other reliable evidence of such parent’s income or income potential, the court or the jury may impute income as set forth in subparagraph (A) of this paragraph, or may increase the child support of the parent failing or refusing to produce evidence of income by an increment of at least 10 percent per year of such parent’s gross income for each year since the final order was entered or last modified and shall calculate the basic child support obligation using the increased amount as such parent’s gross income.
        
        Rehearing. If income is imputed pursuant to subparagraph (A) of this paragraph, the party believing the income of the other party is higher than the amount imputed may provide within 90 days, upon motion to the court, evidence necessary to determine the appropriate amount of child support based upon reliable evidence. A hearing shall be scheduled after the motion is filed. The court may increase, decrease, or leave unchanged the amount of current child support from the date of filing of either parent’s initial filing or motion for reconsideration. While the motion for reconsideration is pending, the obligor shall be responsible for the amount of child support originally ordered. Arrearages entered in the original child support order based upon imputed income shall not be forgiven. When there is reliable evidence to support a motion for reconsideration of the amount of income imputed, the party seeking reconsideration shall not be required to prove the existence of grounds for modification of an order pursuant to subsection (k) of this Code section.
        
        Willful or voluntary unemployment or underemployment. In determining whether a parent is willfully or voluntarily unemployed or underemployed, the court or the jury shall ascertain the reasons for the parent’s occupational choices and assess the reasonableness of these choices in light of the parent’s responsibility to support his or her child and whether such choices benefit the child. A determination of willful or voluntary unemployment or underemployment shall not be limited to occupational choices motivated only by an intent to avoid or reduce the payment of child support but can be based on any intentional choice or act that affects a parent’s income. A determination of willful or voluntary unemployment or underemployment shall not be made when an individual’s incarceration prevents employment. In determining willful or voluntary unemployment or underemployment, the court or the jury may examine whether there is a substantial likelihood that the parent could, with reasonable effort, apply his or her education, skills, or training to produce income. Specific factors for the court or the jury to consider when determining willful or voluntary unemployment or underemployment include, but are not limited to:
        
        The parent’s past and present employment;
        
        The parent’s education and training;
        
        Whether unemployment or underemployment for the purpose of pursuing additional training or education is reasonable in light of the parent’s responsibility to support his or her child and, to this end, whether the training or education may ultimately benefit the child in the case immediately under consideration by increasing the parent’s level of support for that child in the future;
        
        A parent’s ownership of valuable assets and resources, such as an expensive home or automobile, that appear inappropriate or unreasonable for the income claimed by the parent;
        
        The parent’s own health and ability to work outside the home; and
        
        The parent’s role as caretaker of a child of that parent, a disabled or seriously ill child of that parent, or a disabled or seriously ill adult child of that parent, or any other disabled or seriously ill relative for whom that parent has assumed the role of caretaker, which eliminates or substantially reduces the parent’s ability to work outside the home, and the need of that parent to continue in the role of caretaker in the future. When considering the income potential of a parent whose work experience is limited due to the caretaker role of that parent, the court or the jury shall consider the following factors:
        
        Whether the parent acted in the role of full-time caretaker immediately prior to separation by the married parties or prior to the divorce or annulment of the marriage or dissolution of another relationship in which the parent was a full-time caretaker;
        
        The length of time the parent staying at home has remained out of the work force for this purpose;
        
        The parent’s education, training, and ability to work; and
        
        Whether the parent is caring for a child who is four years of age or younger. If the court or the jury determines that a parent is willfully or voluntarily unemployed or underemployed, child support shall be calculated based on a determination of earning capacity, as evidenced by educational level or previous work experience. In the absence of any other reliable evidence, income may be imputed to the parent as provided for in subparagraph (f)(4)(A) of this Code section. A determination of willful and voluntary unemployment or underemployment shall not be made when an individual is activated from the National Guard or other armed forces unit or enlists or is drafted for full-time service in the armed forces of the United States.
        
        Self-employment. One-half of the self-employment and Medicare taxes shall be calculated as follows:
        
        Six and two-tenths percent of self-employment income up to the maximum amount to which federal old age, survivors, and disability insurance (OASDI) applies; plus
        
        One and forty-five one-hundredths of a percent of self-employment income for Medicare and this amount shall be deducted from a self-employed parent’s monthly gross income.
        
        In calculating the adjustment for preexisting orders, the court shall include only those preexisting orders meeting the criteria set forth in subparagraph (a)(18)(B) of this Code section;
        
        The priority for preexisting orders shall be determined by the date and time of filing with the clerk of court of the initial order in each case. Subsequent modifications of the initial support order shall not affect the priority position established by the date and time of the initial order. In any modification proceeding, the court rendering the decision shall make a specific finding of the date, and time if known, of the initial order of the case;
        
        Adjustments shall be allowed for current preexisting support only to the extent that the payments are actually being paid as evidenced by documentation including, but not limited to, payment history from a court clerk, the child support services’ computer data base, the child support payment history, or canceled checks or other written proof of payments paid directly to the other parent. The maximum credit allowed for a preexisting order is an average of the amount of current support actually paid under the preexisting order over the past 12 months prior to the hearing date;
        
        All preexisting orders shall be entered on the Child Support Schedule B — Adjusted Income for the purpose of calculating the total amount of the credit to be included on the child support worksheet; and
        
        Payments being made by a parent on any arrearages shall not be considered payments on preexisting orders or subsequent orders and shall not be used as a basis for reducing gross income.
        
        Preexisting orders according to the date and time of the initial order as set forth in subparagraph (B) of this paragraph; and
        
        Application of any credit for a parent’s other qualified children using the procedure set forth in subparagraph (C) of this paragraph.
        
        Work related child care costs.
        
        Work related child care costs necessary for the parent’s employment, education, or vocational training that are determined by the court to be appropriate, and that are appropriate to the parents’ financial abilities and to the lifestyle of the child if the parents and child were living together, shall be averaged for a monthly amount and entered on the child support worksheet in the column of the parent initially paying the expense. Work related child care costs of a nonparent custodian shall be considered when determining the amount of this expense.
        
        If a child care subsidy is being provided pursuant to a means-tested public assistance program, only the amount of the child care expense actually paid by either parent or a nonparent custodian shall be included in the calculation.
        
        If either parent is the provider of child care services to the child for whom support is being determined, the value of those services shall not be an adjustment to the basic child support obligation when calculating the support award.
        
        If child care is provided without charge to the parent, the value of these services shall not be an adjustment to the basic child support obligation. If child care is or will be provided by a person who is paid for his or her services, proof of actual cost or payment shall be shown to the court before the court includes such payment in its consideration.
        
        The amount of work related child care costs shall be determined and added as an adjustment to the basic child support obligation as “additional expenses” whether paid directly by the parent or through a payroll deduction.
        
        The total amount of work related child care costs shall be divided between the parents pro rata to determine the presumptive amount of child support and shall be included in the worksheet and the final order.
        
        In situations in which work related child care costs may be variable, the court or the jury may, in its discretion, remove work related child care costs from the calculation of support, and divide the work related child care costs pro rata, to be paid within a time specified in the final order. If a parent or nonparent custodian fails to comply with the final order:
        
        The other parent or nonparent custodian may enforce payment of the work related child care costs by any means permitted by law; or
        
        Child support services shall pursue enforcement when such unpaid costs have been reduced to a judgment in a sum certain.
        
        The amount that is, or will be, paid by a parent for health insurance for the child for whom support is being determined shall be an adjustment to the basic child support obligation and prorated between the parents based upon their respective incomes. Payments made by a parent’s employer for health insurance and not deducted from the parent’s wages shall not be included. When a child for whom support is being determined is covered by a family policy, only the health insurance premium actually attributable to that child shall be added.
        
        The amount of the cost for the child’s health insurance premium shall be determined and added as an adjustment to the basic child support obligation as “additional expenses” whether paid directly by the parent or through a payroll deduction.
        
        The total amount of the cost for the child’s health insurance premium shall be divided between the parents pro rata to determine the total presumptive amount of child support and shall be included in the Child Support Schedule D — Additional Expenses and written order of the court together with the amount of the basic child support obligation.
        
        If either parent has health insurance reasonably available at reasonable cost that provides for the health care needs of the child, then an amount to cover the cost of the premium shall be added as an adjustment to the basic child support obligation. A health insurance premium paid by a nonparent custodian shall be included when determining the amount of health insurance expense. In determining the amount to be added to the order for the health insurance cost, only the amount of the health insurance cost attributable to the child who is the subject of the order shall be included.
        
        If coverage is applicable to other persons and the amount of the health insurance premium attributable to the child who is the subject of the current action for support is not verifiable, the total cost to the parent paying the premium shall be prorated by the number of persons covered so that only the cost attributable to the child who is the subject of the order under consideration is included. The amount of health insurance premium shall be determined by dividing the total amount of the insurance premium by the number of persons covered by the insurance policy and multiplying the resulting amount by the number of children covered by the insurance policy. The monthly cost of health insurance premium shall be entered on the Child Support Schedule D — Additional Expenses in the column of the parent paying the premium.
        
        Eligibility for or enrollment of the child in Medicaid, the PeachCare for Kids Program, or other public health care program shall satisfy the requirement that the final order provide for the child’s health care needs. Health coverage through Medicaid, the PeachCare for Kids Program, or other public health care program shall not prevent a court from also ordering either or both parents to obtain other health insurance for the child.
        
        The child’s uninsured health care expenses shall be the financial responsibility of both parents. The final order shall include provisions for payment of uninsured health care expenses; provided, however, that uninsured health care expenses shall not be used for the purpose of calculating the amount of child support. The parents shall divide uninsured health care expenses pro rata, unless otherwise specifically ordered by the court.
        
        If a parent fails to pay his or her pro rata share of the child’s uninsured health care expenses, as specified in the final order, within a reasonable time after receipt of evidence documenting the uninsured portion of the expense:
        
        Grounds for deviation.
        
        General principles.
        
        The amount of child support established by this Code section and the presumptive amount of child support are rebuttable and the court or the jury may deviate from the presumptive amount of child support in compliance with this subsection. In deviating from the presumptive amount of child support, consideration shall be given to the best interest of the child for whom support under this Code section is being determined. A nonparent custodian’s expenses may be the basis for a deviation as well as a noncustodial parent’s ability or inability to pay the presumptive amount of child support.
        
        When ordering a deviation from the presumptive amount of child support, the court or the jury shall consider all available income of the parents and shall make written findings or special interrogatory findings that an amount of child support other than the amount calculated is reasonably necessary to provide for the needs of the child for whom child support is being determined and the order or special interrogatory shall state:
        
        The reasons for the deviation from the presumptive amount of child support;
        
        The amount of child support that would have been required under this Code section if the presumptive amount of child support had not been rebutted; and
        
        How, in its determination:
        
        Application of the presumptive amount of child support would be unjust or inappropriate; and
        
        The best interest of the child for whom support is being determined will be served by deviation from the presumptive amount of child support.
        
        High income. For purposes of this subparagraph, parents are considered to be high-income parents if their combined adjusted income exceeds $30,000.00 per month. For high-income parents, the court shall set the basic child support obligation at the highest amount allowed by the child support obligation table but the court or the jury may consider upward deviation to attain an appropriate award of child support for high-income parents which is consistent with the best interest of the child.
        
        Low income.
        
        If the noncustodial parent can provide evidence sufficient to demonstrate no earning capacity or that his or her pro rata share of the presumptive amount of child support would create an extreme economic hardship for such parent, the court or the jury may consider a low-income deviation.
        
        A noncustodial parent whose sole source of income is supplemental security income received under Title XVI of the federal Social Security Act shall be considered to have no earning capacity.
        
        The court or the jury shall examine all attributable and excluded sources of income, assets, and benefits available to the noncustodial parent and may consider the noncustodial parent’s basic subsistence needs and all of his or her reasonable expenses, ensuring that such expenses are actually paid by the noncustodial parent and are clearly justified expenses.
        
        In considering a request for a low-income deviation, the court or the jury shall then weigh the income and all attributable and excluded sources of income, assets, and benefits and all reasonable expenses of each parent, the relative hardship that a reduction in the amount of child support paid to the custodial parent would have on the custodial parent’s household, the needs of each parent, the needs of the child for whom child support is being determined, and the ability of the noncustodial parent to pay child support.
        
        Following a review of the noncustodial parent’s gross income and expenses, and taking into account each parent’s basic child support obligation adjusted by health insurance and work related child care costs and the relative hardships on the parents and the child, the court or the jury, upon request by either party or upon the court’s initiative, may consider a downward deviation to attain an appropriate award of child support which is consistent with the best interest of the child.
        
        For the purpose of calculating a low-income deviation, the noncustodial parent’s minimum child support for one child shall be not less than $100.00 per month, and such amount shall be increased by at least $50.00 for each additional child for the same case for which child support is being ordered.
        
        A low-income deviation granted pursuant to this subparagraph shall apply only to the current child support amount and shall not prohibit an additional amount being ordered to reduce a noncustodial parent’s arrears.
        
        If a low-income deviation is granted pursuant to this subparagraph, such deviation shall not prohibit the court or the jury from granting an increase or decrease to the presumptive amount of child support by the use of any other specific or nonspecific deviation.
        
        Extraordinary educational expenses. Extraordinary educational expenses may be a basis for deviation from the presumptive amount of child support. Extraordinary educational expenses include, but are not limited to, tuition, room and board, lab fees, books, fees, and other reasonable and necessary expenses associated with special needs education or private elementary and secondary schooling that are appropriate to the parent’s financial abilities and to the lifestyle of the child if the parents and the child were living together.
        
        In determining the amount of deviation for extraordinary educational expenses, scholarships, grants, stipends, and other cost-reducing programs received by or on behalf of the child shall be considered; and
        
        If a deviation is allowed for extraordinary educational expenses, a monthly average of the extraordinary educational expenses shall be based on evidence of prior or anticipated expenses and entered on the Child Support Schedule E — Deviations.
        
        Shall not act to leave a child unsupported; and
        
        May be ordered for a specific period of time measured in months. When extraordinary medical expenses are claimed, the court or the jury shall consider the resources available for meeting such needs, including sources available from agencies and other adults.
        
        In the event a parent suffers an involuntary termination of employment, has an extended involuntary loss of average weekly hours, is involved in an organized strike, incurs a loss of health, becomes incarcerated, or similar involuntary adversity resulting in a loss of income of 25 percent or more, then the portion of child support attributable to lost income shall not accrue from the date of the service of the petition for modification, provided that service is made on the other parent. It shall not be considered an involuntary termination of employment if the parent has left the employer without good cause in connection with the parent’s most recent work.
        
        In the event a modification action is filed pursuant to this subsection, the court shall make every effort to expedite hearing such action.
        
        The court may, at its discretion, phase in the new child support award over a period of up to one year with the phasing in being largely evenly distributed with at least an initial immediate adjustment of not less than 25 percent of the difference and at least one intermediate adjustment prior to the final adjustment at the end of the phase-in period.
        
        Except as provided in paragraph (2) of this subsection, a parent shall not have the right to petition for modification of the child support award regardless of the length of time since the establishment of the child support award unless there is a substantial change in either parent’s income and financial status or the needs of the child.
        
        No petition to modify child support may be filed by either parent within a period of two years from the date of the final order on a previous petition to modify by the same parent except when:
        
        A noncustodial parent has failed to exercise the court ordered visitation;
        
        A noncustodial parent has exercised a greater amount of visitation than was provided in the court order; or
        
        The motion to modify is based upon an involuntary loss of income as set forth in subsection (j) of this Code section.
        
        If there is a difference of at least 15 percent but less than 30 percent between a new award and a Georgia child support order entered prior to January 1, 2007, the court may, at its discretion, phase in the new child support award over a period of up to one year with the phasing in being largely evenly distributed with at least an initial immediate adjustment of not less than 25 percent of the difference and at least one intermediate adjustment prior to the final adjustment at the end of the phase-in period.
        
        If there is a difference of 30 percent or more between a new award and a Georgia child support order entered prior to January 1, 2007, the court may, at its discretion, phase in the new child support award over a period of up to two years with the phasing in being largely evenly distributed with at least an initial immediate adjustment of not less than 25 percent of the difference and at least one intermediate adjustment prior to the final adjustment at the end of the phase-in period.
        
        All child support service’s case reviews and modifications shall proceed and be governed by Code Section 19-11-12. Subsequent changes to the child support obligation table shall be a reason to request a review for modification from child support services to the extent that such changes are consistent with the requirements of Code Section 19-11-12.
        
        Which parent is the obligor;
        
        The presumptive amount of child support;
        
        The actual award of child support, if different from the presumptive amount of child support;
        
        How and when the sum certain amount of child support owed shall be paid; and
        
        Any other child support responsibilities for each parent.
        
        Schedules and worksheets shall be prepared by the parties for purposes of calculating the amount of child support. In child support services cases in which neither parent prepared a worksheet, the court may rely on the worksheet prepared by child support services as a basis for its order. Information from the schedules shall be entered on the child support worksheet. The child support worksheets and any schedule that was prepared for the purpose of calculating the amount of child support shall be attached to the final court order or judgment; provided, however, that any order entered pursuant to Code Section 19-13-4 shall not be required to have such worksheets and schedules attached thereto.
        
        The child support worksheet and schedules shall be promulgated by the Georgia Child Support Commission.
        
        (2) Notwithstanding any provision of this Code section to the contrary, the maximum amount of support which the court may impose on the father of an unborn child under this Code section shall be the amount of direct medical and pregnancy related expenses of the mother of the unborn child. After birth, the provisions of this Code section shall apply in full.
        
        (ii) Child support services shall pursue enforcement of payment of such unpaid expenses only if the unpaid expenses have been reduced to a judgment in a sum certain amount.
        
        (C) No deviation in the presumptive amount of child support shall be made which seriously impairs the ability of the custodial parent to maintain minimally adequate housing, food, and clothing for the child being supported by the order and to provide other basic necessities, as determined by the court or the jury.
        
        (D) If the circumstances which supported the deviation cease to exist, the final order may be modified as set forth in subsection (k) of this Code section to eliminate the deviation.
        
        (K)
        
        Parenting time.
        
        (i) The child support obligation table is based upon expenditures for a child in intact households. The court may order or the jury may find by special interrogatory a deviation from the presumptive amount of child support when special circumstances make the presumptive amount of child support excessive or inadequate due to extended parenting time as set forth in the order of visitation, the child residing with both parents equally, or visitation rights not being utilized.
        
        (ii) If the court or the jury determines that a parenting time deviation is applicable, then such deviation shall be included with all other deviations.
        
        (iii) In accordance with subsection (d) of Code Section 19-11-8, if any action or claim for parenting time or a parenting time deviation is brought under this subparagraph, it shall be an action or claim solely between the custodial parent and the noncustodial parent, and not any third parties, including child support services.
        
        Georgia Schedule of Basic Child Support Obligations CombinedAdjustedIncome One Child Two Children Three Children Four Children Five Children Six Children $ 800.00 $ 197.00 $ 283.00 $ 330.00 $ 367.00 $ 404.00 $ 440.00 850.00 208.00 298.00 347.00 387.00 425.00 463.00 900.00 218.00 313.00 364.00 406.00 447.00 486.00 950.00 229.00 328.00 381.00 425.00 468.00 509.00 1,000.00 239.00 343.00 398.00 444.00 489.00 532.00 1,050.00 250.00 357.00 415.00 463.00 510.00 554.00 1,100.00 260.00 372.00 432.00 482.00 530.00 577.00 1,150.00 270.00 387.00 449.00 501.00 551.00 600.00 1,200.00 280.00 401.00 466.00 520.00 572.00 622.00 1,250.00 291.00 416.00 483.00 539.00 593.00 645.00 1,300.00 301.00 431.00 500.00 558.00 614.00 668.00 1,350.00 311.00 445.00 517.00 577.00 634.00 690.00 1,400.00 321.00 459.00 533.00 594.00 654.00 711.00 1,450.00 331.00 473.00 549.00 612.00 673.00 733.00 1,500.00 340.00 487.00 565.00 630.00 693.00 754.00 1,550.00 350.00 500.00 581.00 647.00 712.00 775.00 1,600.00 360.00 514.00 597.00 665.00 732.00 796.00 1,650.00 369.00 528.00 612.00 683.00 751.00 817.00 1,700.00 379.00 542.00 628.00 701.00 771.00 838.00 1,750.00 389.00 555.00 644.00 718.00 790.00 860.00 1,800.00 398.00 569.00 660.00 736.00 809.00 881.00 1,850.00 408.00 583.00 676.00 754.00 829.00 902.00 1,900.00 418.00 596.00 692.00 771.00 848.00 923.00 1,950.00 427.00 610.00 708.00 789.00 868.00 944.00 2,000.00 437.00 624.00 723.00 807.00 887.00 965.00 2,050.00 446.00 637.00 739.00 824.00 906.00 986.00 2,100.00 455.00 650.00 754.00 840.00 924.00 1,006.00 2,150.00 465.00 663.00 769.00 857.00 943.00 1,026.00 2,200.00 474.00 676.00 783.00 873.00 961.00 1,045.00 2,250.00 483.00 688.00 798.00 890.00 979.00 1,065.00 2,300.00 492.00 701.00 813.00 907.00 997.00 1,085.00 2,350.00 501.00 714.00 828.00 923.00 1,016.00 1,105.00 2,400.00 510.00 727.00 843.00 940.00 1,034.00 1,125.00 2,450.00 519.00 740.00 858.00 956.00 1,052.00 1,145.00 2,500.00 528.00 752.00 873.00 973.00 1,070.00 1,165.00 2,550.00 537.00 765.00 888.00 990.00 1,089.00 1,184.00 2,600.00 547.00 778.00 902.00 1,006.00 1,107.00 1,204.00 2,650.00 556.00 791.00 917.00 1,023.00 1,125.00 1,224.00 2,700.00 565.00 804.00 932.00 1,039.00 1,143.00 1,244.00 2,750.00 574.00 816.00 947.00 1,056.00 1,162.00 1,264.00 2,800.00 583.00 829.00 962.00 1,073.00 1,180.00 1,284.00 2,850.00 592.00 842.00 977.00 1,089.00 1,198.00 1,303.00 2,900.00 601.00 855.00 992.00 1,106.00 1,216.00 1,323.00 2,950.00 611.00 868.00 1,006.00 1,122.00 1,234.00 1,343.00 3,000.00 620.00 881.00 1,021.00 1,139.00 1,253.00 1,363.00 3,050.00 629.00 893.00 1,036.00 1,155.00 1,271.00 1,383.00 3,100.00 638.00 906.00 1,051.00 1,172.00 1,289.00 1,402.00 3,150.00 647.00 919.00 1,066.00 1,188.00 1,307.00 1,422.00 3,200.00 655.00 930.00 1,079.00 1,203.00 1,323.00 1,440.00 3,250.00 663.00 941.00 1,092.00 1,217.00 1,339.00 1,457.00 3,300.00 671.00 952.00 1,104.00 1,231.00 1,355.00 1,474.00 3,350.00 679.00 963.00 1,117.00 1,246.00 1,370.00 1,491.00 3,400.00 687.00 974.00 1,130.00 1,260.00 1,386.00 1,508.00 3,450.00 694.00 985.00 1,143.00 1,274.00 1,402.00 1,525.00 3,500.00 702.00 996.00 1,155.00 1,288.00 1,417.00 1,542.00 3,550.00 710.00 1,008.00 1,168.00 1,303.00 1,433.00 1,559.00 3,600.00 718.00 1,019.00 1,181.00 1,317.00 1,448.00 1,576.00 3,650.00 726.00 1,030.00 1,194.00 1,331.00 1,464.00 1,593.00 3,700.00 734.00 1,041.00 1,207.00 1,345.00 1,480.00 1,610.00 3,750.00 741.00 1,051.00 1,219.00 1,359.00 1,495.00 1,627.00 3,800.00 749.00 1,062.00 1,231.00 1,373.00 1,510.00 1,643.00 3,850.00 756.00 1,072.00 1,243.00 1,386.00 1,525.00 1,659.00 3,900.00 764.00 1,083.00 1,255.00 1,400.00 1,540.00 1,675.00 3,950.00 771.00 1,093.00 1,267.00 1,413.00 1,555.00 1,691.00 4,000.00 779.00 1,104.00 1,280.00 1,427.00 1,569.00 1,707.00 4,050.00 786.00 1,114.00 1,292.00 1,440.00 1,584.00 1,724.00 4,100.00 794.00 1,125.00 1,304.00 1,454.00 1,599.00 1,740.00 4,150.00 801.00 1,135.00 1,316.00 1,467.00 1,614.00 1,756.00 4,200.00 809.00 1,146.00 1,328.00 1,481.00 1,629.00 1,772.00 4,250.00 816.00 1,156.00 1,340.00 1,494.00 1,643.00 1,788.00 4,300.00 824.00 1,167.00 1,352.00 1,508.00 1,658.00 1,804.00 4,350.00 831.00 1,177.00 1,364.00 1,521.00 1,673.00 1,820.00 4,400.00 839.00 1,188.00 1,376.00 1,534.00 1,688.00 1,836.00 4,450.00 846.00 1,198.00 1,388.00 1,548.00 1,703.00 1,853.00 4,500.00 853.00 1,209.00 1,400.00 1,561.00 1,718.00 1,869.00 4,550.00 861.00 1,219.00 1,412.00 1,575.00 1,732.00 1,885.00 4,600.00 868.00 1,230.00 1,425.00 1,588.00 1,747.00 1,901.00 4,650.00 876.00 1,240.00 1,437.00 1,602.00 1,762.00 1,917.00 4,700.00 883.00 1,251.00 1,449.00 1,615.00 1,777.00 1,933.00 4,750.00 891.00 1,261.00 1,461.00 1,629.00 1,792.00 1,949.00 4,800.00 898.00 1,271.00 1,473.00 1,642.00 1,807.00 1,966.00 4,850.00 906.00 1,282.00 1,485.00 1,656.00 1,821.00 1,982.00 4,900.00 911.00 1,289.00 1,493.00 1,664.00 1,831.00 1,992.00 4,950.00 914.00 1,293.00 1,496.00 1,668.00 1,835.00 1,997.00 5,000.00 917.00 1,297.00 1,500.00 1,672.00 1,839.00 2,001.00 5,050.00 921.00 1,300.00 1,503.00 1,676.00 1,844.00 2,006.00 5,100.00 924.00 1,304.00 1,507.00 1,680.00 1,848.00 2,011.00 5,150.00 927.00 1,308.00 1,510.00 1,684.00 1,852.00 2,015.00 5,200.00 930.00 1,312.00 1,514.00 1,688.00 1,857.00 2,020.00 5,250.00 934.00 1,316.00 1,517.00 1,692.00 1,861.00 2,025.00 5,300.00 937.00 1,320.00 1,521.00 1,696.00 1,865.00 2,029.00 5,350.00 940.00 1,323.00 1,524.00 1,700.00 1,870.00 2,034.00 5,400.00 943.00 1,327.00 1,528.00 1,704.00 1,874.00 2,039.00 5,450.00 947.00 1,331.00 1,531.00 1,708.00 1,878.00 2,044.00 5,500.00 950.00 1,335.00 1,535.00 1,711.00 1,883.00 2,048.00 5,550.00 953.00 1,339.00 1,538.00 1,715.00 1,887.00 2,053.00 5,600.00 956.00 1,342.00 1,542.00 1,719.00 1,891.00 2,058.00 5,650.00 960.00 1,347.00 1,546.00 1,724.00 1,896.00 2,063.00 5,700.00 964.00 1,352.00 1,552.00 1,731.00 1,904.00 2,071.00 5,750.00 968.00 1,357.00 1,558.00 1,737.00 1,911.00 2,079.00 5,800.00 971.00 1,363.00 1,564.00 1,744.00 1,918.00 2,087.00 5,850.00 975.00 1,368.00 1,570.00 1,750.00 1,925.00 2,094.00 5,900.00 979.00 1,373.00 1,575.00 1,757.00 1,932.00 2,102.00 5,950.00 983.00 1,379.00 1,581.00 1,763.00 1,939.00 2,110.00 6,000.00 987.00 1,384.00 1,587.00 1,770.00 1,947.00 2,118.00 6,050.00 991.00 1,389.00 1,593.00 1,776.00 1,954.00 2,126.00 6,100.00 995.00 1,394.00 1,599.00 1,783.00 1,961.00 2,133.00 6,150.00 999.00 1,400.00 1,605.00 1,789.00 1,968.00 2,141.00 6,200.00 1,003.00 1,405.00 1,610.00 1,796.00 1,975.00 2,149.00 6,250.00 1,007.00 1,410.00 1,616.00 1,802.00 1,982.00 2,157.00 6,300.00 1,011.00 1,416.00 1,622.00 1,809.00 1,989.00 2,164.00 6,350.00 1,015.00 1,421.00 1,628.00 1,815.00 1,996.00 2,172.00 6,400.00 1,018.00 1,426.00 1,633.00 1,821.00 2,003.00 2,180.00 6,450.00 1,023.00 1,432.00 1,639.00 1,828.00 2,011.00 2,188.00 6,500.00 1,027.00 1,437.00 1,646.00 1,835.00 2,018.00 2,196.00 6,550.00 1,031.00 1,442.00 1,652.00 1,841.00 2,026.00 2,204.00 6,600.00 1,035.00 1,448.00 1,658.00 1,848.00 2,033.00 2,212.00 6,650.00 1,039.00 1,453.00 1,664.00 1,855.00 2,040.00 2,220.00 6,700.00 1,043.00 1,459.00 1,670.00 1,862.00 2,048.00 2,228.00 6,750.00 1,047.00 1,464.00 1,676.00 1,869.00 2,055.00 2,236.00 6,800.00 1,051.00 1,470.00 1,682.00 1,875.00 2,063.00 2,244.00 6,850.00 1,055.00 1,475.00 1,688.00 1,882.00 2,070.00 2,252.00 6,900.00 1,059.00 1,480.00 1,694.00 1,889.00 2,078.00 2,260.00 6,950.00 1,063.00 1,486.00 1,700.00 1,896.00 2,085.00 2,269.00 7,000.00 1,067.00 1,491.00 1,706.00 1,902.00 2,092.00 2,277.00 7,050.00 1,071.00 1,497.00 1,712.00 1,909.00 2,100.00 2,285.00 7,100.00 1,075.00 1,502.00 1,718.00 1,916.00 2,107.00 2,293.00 7,150.00 1,079.00 1,508.00 1,724.00 1,923.00 2,115.00 2,301.00 7,200.00 1,083.00 1,513.00 1,730.00 1,929.00 2,122.00 2,309.00 7,250.00 1,087.00 1,518.00 1,736.00 1,936.00 2,130.00 2,317.00 7,300.00 1,092.00 1,524.00 1,742.00 1,943.00 2,137.00 2,325.00 7,350.00 1,096.00 1,529.00 1,748.00 1,950.00 2,144.00 2,333.00 7,400.00 1,100.00 1,535.00 1,755.00 1,956.00 2,152.00 2,341.00 7,450.00 1,104.00 1,540.00 1,761.00 1,963.00 2,159.00 2,349.00 7,500.00 1,108.00 1,546.00 1,767.00 1,970.00 2,167.00 2,357.00 7,550.00 1,112.00 1,552.00 1,773.00 1,977.00 2,175.00 2,366.00 7,600.00 1,116.00 1,556.00 1,778.00 1,983.00 2,181.00 2,373.00 7,650.00 1,117.00 1,557.00 1,779.00 1,984.00 2,182.00 2,375.00 7,700.00 1,118.00 1,559.00 1,781.00 1,986.00 2,184.00 2,376.00 7,750.00 1,119.00 1,560.00 1,782.00 1,987.00 2,186.00 2,378.00 7,800.00 1,120.00 1,562.00 1,784.00 1,989.00 2,188.00 2,380.00 7,850.00 1,122.00 1,563.00 1,785.00 1,990.00 2,189.00 2,382.00 7,900.00 1,123.00 1,565.00 1,786.00 1,992.00 2,191.00 2,384.00 7,950.00 1,124.00 1,566.00 1,788.00 1,993.00 2,193.00 2,386.00 8,000.00 1,125.00 1,567.00 1,789.00 1,995.00 2,194.00 2,387.00 8,050.00 1,127.00 1,569.00 1,790.00 1,996.00 2,196.00 2,389.00 8,100.00 1,128.00 1,570.00 1,792.00 1,998.00 2,198.00 2,391.00 8,150.00 1,129.00 1,572.00 1,793.00 1,999.00 2,199.00 2,393.00 8,200.00 1,130.00 1,573.00 1,795.00 2,001.00 2,201.00 2,395.00 8,250.00 1,131.00 1,575.00 1,796.00 2,003.00 2,203.00 2,397.00 8,300.00 1,133.00 1,576.00 1,797.00 2,004.00 2,204.00 2,398.00 8,350.00 1,134.00 1,578.00 1,799.00 2,006.00 2,206.00 2,400.00 8,400.00 1,135.00 1,579.00 1,800.00 2,007.00 2,208.00 2,402.00 8,450.00 1,136.00 1,580.00 1,802.00 2,009.00 2,210.00 2,404.00 8,500.00 1,138.00 1,582.00 1,803.00 2,010.00 2,211.00 2,406.00 8,550.00 1,139.00 1,583.00 1,804.00 2,012.00 2,213.00 2,408.00 8,600.00 1,140.00 1,585.00 1,806.00 2,013.00 2,215.00 2,410.00 8,650.00 1,141.00 1,586.00 1,807.00 2,015.00 2,216.00 2,411.00 8,700.00 1,142.00 1,588.00 1,808.00 2,016.00 2,218.00 2,413.00 8,750.00 1,144.00 1,589.00 1,810.00 2,018.00 2,220.00 2,415.00 8,800.00 1,145.00 1,591.00 1,811.00 2,019.00 2,221.00 2,417.00 8,850.00 1,146.00 1,592.00 1,813.00 2,021.00 2,223.00 2,419.00 8,900.00 1,147.00 1,593.00 1,814.00 2,023.00 2,225.00 2,421.00 8,950.00 1,149.00 1,595.00 1,815.00 2,024.00 2,226.00 2,422.00 9,000.00 1,150.00 1,596.00 1,817.00 2,026.00 2,228.00 2,424.00 9,050.00 1,153.00 1,601.00 1,822.00 2,032.00 2,235.00 2,431.00 9,100.00 1,159.00 1,609.00 1,831.00 2,042.00 2,246.00 2,443.00 9,150.00 1,164.00 1,617.00 1,840.00 2,052.00 2,257.00 2,455.00 9,200.00 1,170.00 1,624.00 1,849.00 2,062.00 2,268.00 2,467.00 9,250.00 1,175.00 1,632.00 1,858.00 2,071.00 2,279.00 2,479.00 9,300.00 1,181.00 1,640.00 1,867.00 2,081.00 2,290.00 2,491.00 9,350.00 1,187.00 1,648.00 1,876.00 2,091.00 2,301.00 2,503.00 9,400.00 1,192.00 1,656.00 1,885.00 2,101.00 2,311.00 2,515.00 9,450.00 1,198.00 1,663.00 1,894.00 2,111.00 2,322.00 2,527.00 9,500.00 1,203.00 1,671.00 1,902.00 2,121.00 2,333.00 2,539.00 9,550.00 1,209.00 1,679.00 1,911.00 2,131.00 2,344.00 2,551.00 9,600.00 1,214.00 1,687.00 1,920.00 2,141.00 2,355.00 2,563.00 9,650.00 1,220.00 1,694.00 1,929.00 2,151.00 2,366.00 2,574.00 9,700.00 1,226.00 1,702.00 1,938.00 2,161.00 2,377.00 2,586.00 9,750.00 1,231.00 1,710.00 1,947.00 2,171.00 2,388.00 2,598.00 9,800.00 1,237.00 1,718.00 1,956.00 2,181.00 2,399.00 2,610.00 9,850.00 1,242.00 1,725.00 1,965.00 2,191.00 2,410.00 2,622.00 9,900.00 1,248.00 1,733.00 1,974.00 2,201.00 2,421.00 2,634.00 9,950.00 1,253.00 1,741.00 1,983.00 2,211.00 2,432.00 2,646.00 10,000.00 1,259.00 1,749.00 1,992.00 2,221.00 2,443.00 2,658.00 10,050.00 1,264.00 1,757.00 2,001.00 2,231.00 2,454.00 2,670.00 10,100.00 1,270.00 1,764.00 2,010.00 2,241.00 2,465.00 2,682.00 10,150.00 1,276.00 1,772.00 2,019.00 2,251.00 2,476.00 2,694.00 10,200.00 1,281.00 1,780.00 2,028.00 2,261.00 2,487.00 2,706.00 10,250.00 1,287.00 1,788.00 2,036.00 2,271.00 2,498.00 2,718.00 10,300.00 1,292.00 1,795.00 2,045.00 2,281.00 2,509.00 2,729.00 10,350.00 1,298.00 1,803.00 2,054.00 2,291.00 2,520.00 2,741.00 10,400.00 1,303.00 1,811.00 2,063.00 2,301.00 2,531.00 2,753.00 10,450.00 1,309.00 1,819.00 2,072.00 2,311.00 2,542.00 2,765.00 10,500.00 1,313.00 1,825.00 2,079.00 2,318.00 2,550.00 2,774.00 10,550.00 1,317.00 1,830.00 2,085.00 2,325.00 2,557.00 2,782.00 10,600.00 1,321.00 1,835.00 2,091.00 2,331.00 2,564.00 2,790.00 10,650.00 1,325.00 1,841.00 2,096.00 2,338.00 2,571.00 2,798.00 10,700.00 1,329.00 1,846.00 2,102.00 2,344.00 2,578.00 2,805.00 10,750.00 1,332.00 1,851.00 2,108.00 2,351.00 2,586.00 2,813.00 10,800.00 1,336.00 1,856.00 2,114.00 2,357.00 2,593.00 2,821.00 10,850.00 1,340.00 1,862.00 2,120.00 2,364.00 2,600.00 2,829.00 10,900.00 1,344.00 1,867.00 2,126.00 2,370.00 2,607.00 2,836.00 10,950.00 1,348.00 1,872.00 2,131.00 2,377.00 2,614.00 2,844.00 11,000.00 1,351.00 1,877.00 2,137.00 2,383.00 2,621.00 2,852.00 11,050.00 1,355.00 1,883.00 2,143.00 2,390.00 2,628.00 2,860.00 11,100.00 1,359.00 1,888.00 2,149.00 2,396.00 2,636.00 2,868.00 11,150.00 1,363.00 1,893.00 2,155.00 2,403.00 2,643.00 2,875.00 11,200.00 1,367.00 1,898.00 2,161.00 2,409.00 2,650.00 2,883.00 11,250.00 1,371.00 1,904.00 2,166.00 2,415.00 2,657.00 2,891.00 11,300.00 1,374.00 1,909.00 2,172.00 2,422.00 2,664.00 2,899.00 11,350.00 1,378.00 1,914.00 2,178.00 2,428.00 2,671.00 2,906.00 11,400.00 1,382.00 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2,806.00 3,086.00 3,358.00 14,550.00 1,596.00 2,217.00 2,521.00 2,811.00 3,092.00 3,365.00 14,600.00 1,599.00 2,221.00 2,526.00 2,817.00 3,098.00 3,371.00 14,650.00 1,602.00 2,225.00 2,531.00 2,822.00 3,104.00 3,378.00 14,700.00 1,605.00 2,230.00 2,536.00 2,828.00 3,111.00 3,384.00 14,750.00 1,608.00 2,234.00 2,541.00 2,833.00 3,117.00 3,391.00 14,800.00 1,611.00 2,238.00 2,546.00 2,839.00 3,123.00 3,397.00 14,850.00 1,614.00 2,243.00 2,551.00 2,844.00 3,129.00 3,404.00 14,900.00 1,617.00 2,247.00 2,556.00 2,850.00 3,135.00 3,411.00 14,950.00 1,620.00 2,251.00 2,561.00 2,855.00 3,141.00 3,417.00 15,000.00 1,623.00 2,255.00 2,566.00 2,861.00 3,147.00 3,424.00 15,050.00 1,626.00 2,260.00 2,571.00 2,866.00 3,153.00 3,430.00 15,100.00 1,629.00 2,264.00 2,576.00 2,872.00 3,159.00 3,437.00 15,150.00 1,632.00 2,268.00 2,581.00 2,877.00 3,165.00 3,444.00 15,200.00 1,635.00 2,272.00 2,585.00 2,883.00 3,171.00 3,450.00 15,250.00 1,638.00 2,277.00 2,590.00 2,888.00 3,177.00 3,457.00 15,300.00 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4,509.00 28,550.00 2,196.00 3,014.00 3,379.00 3,767.00 4,147.00 4,512.00 28,600.00 2,197.00 3,016.00 3,381.00 3,769.00 4,149.00 4,514.00 28,650.00 2,199.00 3,017.00 3,382.00 3,771.00 4,151.00 4,516.00 28,700.00 2,200.00 3,019.00 3,384.00 3,773.00 4,153.00 4,519.00 28,750.00 2,201.00 3,021.00 3,386.00 3,775.00 4,156.00 4,521.00 28,800.00 2,203.00 3,023.00 3,388.00 3,777.00 4,158.00 4,524.00 28,850.00 2,204.00 3,025.00 3,390.00 3,779.00 4,160.00 4,526.00 28,900.00 2,205.00 3,026.00 3,391.00 3,781.00 4,162.00 4,528.00 28,950.00 2,207.00 3,028.00 3,393.00 3,783.00 4,164.00 4,531.00 29,000.00 2,208.00 3,030.00 3,395.00 3,785.00 4,167.00 4,533.00 29,050.00 2,210.00 3,032.00 3,397.00 3,787.00 4,169.00 4,536.00 29,100.00 2,211.00 3,034.00 3,398.00 3,789.00 4,171.00 4,538.00 29,150.00 2,212.00 3,035.00 3,400.00 3,791.00 4,173.00 4,540.00 29,200.00 2,214.00 3,037.00 3,402.00 3,793.00 4,175.00 4,543.00 29,250.00 2,215.00 3,039.00 3,404.00 3,795.00 4,178.00 4,545.00 29,300.00 2,216.00 3,041.00 3,406.00 3,797.00 4,180.00 4,548.00 29,350.00 2,218.00 3,042.00 3,407.00 3,799.00 4,182.00 4,550.00 29,400.00 2,219.00 3,044.00 3,409.00 3,801.00 4,184.00 4,552.00 29,450.00 2,220.00 3,046.00 3,411.00 3,803.00 4,186.00 4,555.00 29,500.00 2,222.00 3,048.00 3,413.00 3,805.00 4,189.00 4,557.00 29,550.00 2,223.00 3,050.00 3,415.00 3,807.00 4,191.00 4,560.00 29,600.00 2,225.00 3,051.00 3,416.00 3,809.00 4,193.00 4,562.00 29,650.00 2,226.00 3,053.00 3,418.00 3,811.00 4,195.00 4,564.00 29,700.00 2,227.00 3,055.00 3,420.00 3,813.00 4,197.00 4,567.00 29,750.00 2,229.00 3,057.00 3,422.00 3,815.00 4,200.00 4,569.00 29,800.00 2,230.00 3,058.00 3,423.00 3,817.00 4,202.00 4,572.00 29,850.00 2,231.00 3,060.00 3,425.00 3,819.00 4,204.00 4,574.00 29,900.00 2,233.00 3,062.00 3,427.00 3,821.00 4,206.00 4,576.00 29,950.00 2,234.00 3,064.00 3,429.00 3,823.00 4,208.00 4,579.00 30,000.00 2,236.00 3,066.00 3,431.00 3,825.00 4,211.00 4,581.00
        
        History. Ga. L. 1870, p. 413, § 2; Code 1873, § 1742; Code 1882, § 1742; Civil Code 1895, § 2462; Civil Code 1910, § 2981; Code 1933, § 30-207; Ga. L. 1979, p. 466, § 12; Ga. L. 1989, p. 861, § 1; Ga. L. 1991, p. 94, § 19; Ga. L. 1992, p. 1833, § 1; Ga. L. 1994, p. 1728, § 1; Ga. L. 1995, p. 603, § 2; Ga. L. 1996, p. 453, § 6; Ga. L. 2005, p. 224, § 5/HB 221; Ga. L. 2006, p. 72, § 19/SB 465; Ga. L. 2006, p. 583, § 4/SB 382; Ga. L. 2007, p. 47, § 19/SB 103; Ga. L. 2008, p. 272, §§ 1-9/SB 483; Ga. L. 2009, p. 96, §§ 1-6/HB 145; Ga. L. 2009, p. 453, § 2-2/HB 228; Ga. L. 2010, p. 878, § 19/HB 1387; Ga. L. 2011, p. 550, § 1/SB 115; Ga. L. 2014, p. 457, §§ 1-8/SB 282; Ga. L. 2017, p. 646, §§ 1-3 — 1-8, 3-1/SB 137; Ga. L. 2018, p. 937, §§ 1-1, 1-1A — 1-1C, 1-2 — 1-4, 1-4A, 1-5/SB 427; Ga. L. 2019, p. 636, §§ 1-8/HB 381; Ga. L. 2019, p. 711, § 5/HB 481; Ga. L. 2020, p. 493, § 19/SB 429.
        
        The 2017 amendment, effective July 1, 2017, substituted the present provisions of paragraph (a)(6.1) for the former provisions, which read: “ ‘Child support services’ means the agency within the Department of Human Services which provides and administers child support services.”; deleted “and” at the end of paragraph (b)(10), substituted “; and” for the period at the end of paragraph (b)(11), and added paragraph (b)(12); in subparagraph (c)(2)(A), inserted “, the duration of such support,” near the beginning, and added “or multiple worksheets when there is more than one minor child” immediately preceding the semicolon at the end; deleted “as required by Code Section 19-5-12” following “Specify” in subparagraph (c)(2)(B); substituted “each parent’s” for “the parent’s” in subparagraph (c)(2)(C); designated the existing provisions of subparagraph (h)(1)(F) as division (h)(1)(F)(i), and substituted “the final child support order” for “written order of the court” at the end, and added division (h)(1)(F)(ii); in division (i)(2)(K)(i), in the last sentence, substituted “the child residing” for “or when the child resides”, and added “, or visitation rights not being utilized” immediately preceding the period at the end; deleted “and be treated as a deduction” following “deviations” immediately preceding the period at the end of division (i)(2)(K)(ii); substituted “separately by each custodial parent for each child for whom such parent is the custodial parent” for “separately for the child for whom the father is the custodial parent and for the child for whom the mother is the custodial parent” in the first sentence of the introductory language of subsection (l); and, in paragraph (m)(1), in the last sentence, substituted “worksheets and any schedule that was prepared for the purpose of calculating the amount of child support” for “worksheet and, if there are any deviations, Schedule E” near the middle, and substituted “worksheets and schedules” for “worksheet and schedule” near the end.
        
        The 2018 amendment, effective July 1, 2018, throughout this Code section, substituted “support amount” for “support order” and deleted “child support” preceding “order”; substituted the present provisions of paragraph (b)(12) for the former provisions, which read: “When there is more than one child for whom support is being determined, the court shall establish the amount of support and the duration of such support in accordance with subsection (e) of this Code section. Separate worksheets shall be utilized for such determination and shall be attached to the final child support order. Such order shall contain findings as required by law.”; added the second and third sentences of subsection (d); in subparagraph (f)(4)(A), substituted “may be imputed” for “shall be determined by imputing gross income based on a 40 hour workweek at minimum wage” at the end of the first sentence, and added the second and third sentences; inserted “impute income as set forth in subparagraph (A) of this paragraph, or may” in the middle of subparagraph (f)(4)(B); added the third sentence of subparagraph (f)(4)(D); substituted the present provisions of division (h)(2)(B)(iii) for the former provisions, which read: “Eligibility for or enrollment of the child in Medicaid or PeachCare for Kids Program shall not satisfy the requirement that the final child support order provide for the child’s health care needs. Health coverage through PeachCare for Kids Program and Medicaid shall not prevent a court from ordering either or both parents to obtain other health insurance.”; deleted “the” preceding “uninsured health care” three times in subparagraph (h)(3)(A); in subparagraph (i)(1)(A), deleted “primary” following “child support,” in the second sentence, and added “as well as a noncustodial parent’s ability or inability to pay the presumptive amount of child support” at the end of the third sentence; in division (i)(2)(B)(iii), inserted “the noncustodial parent’s basic subsistence needs and”, inserted “of his or her”, and deleted “of the noncustodial parent” following “reasonable expenses”; in subparagraph (i)(2)(J), in the third sentence, substituted “such expense” for “the expense” and deleted “calculation of the” following “considered in the”; and inserted “becomes incarcerated,” in the middle of the first sentence of paragraph (j)(1).
        
        The 2019 amendments. —
        
        The first 2019 amendment, effective July 1, 2019, throughout this Code section, inserted “or the jury”, substituted “When” for “Where”, substituted “when” for “where”, inserted “the”, and substituted “child-rearing” for “child rearing”; inserted “set forth” in paragraph (a)(6); substituted “who” for “that” in the undesignated language following paragraph (a)(20); substituted “Who” for “That” at the beginning of subparagraph (a)(20)(B); substituted “children as calculated” for “children calculated as set forth” in the middle of paragraph (a)(22); substituted “such” for “these” in the middle of the first sentence of subsection (d) and in the middle of division (i)(2)(J)(ii); in subparagraph (f)(2)(C), substituted “child-placing” for “child placing” in the middle and deleted “and” at the end; added “; and” at the end of subparagraph (f)(2)(D); added subparagraph (f)(2)(E); substituted “as provided for in subparagraph (f)(4)(A) of this Code section” for “pursuant to a determination that gross income for the current year is based on a 40 hour workweek at minimum wage” at the end of subdivision (f)(4)(D)(vi)(IV); added “of this Code section” at the end of division (f)(5)(B)(i); inserted “the” preceding “jury” in division (b)(1)(F)(ii); and inserted commas following “jury may” and “interrogatory” in the middle of subparagraph (i)(2)(F). The second 2019 amendment, effective January 1, 2020, substituted “Reserved” for “ ‘Child’ means child or children” in paragraph (a)(4); and added subsection (a.1).
        
        The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, revised punctuation in division (f)(1)(A)(vii).
        
        Cross references.
        
        Collection of support payments by child support receivers, T. 15, C. 15.
        
        Temporary order of support pending paternity determination, § 19-7-46.2 .
        
        Code Commission notes.
        
        The amendment of this Code section by Ga. L. 2006, p. 72, § 19, irreconcilably conflicted with and was treated as superseded by Ga. L. 2006, p. 583, § 4. See County of Butts v. Strahan, 151 Ga. 417 (1921).
        
        Editor’s notes.
        
        Ga. L. 1979, p. 466, § 12 amended the prior version of this Code section to provide that either parent may be liable for child support. Cases decided prior to the 1979 enactment appear to remain valid except insofar as they may imply that the father only may be liable for such support.
        
        Ga. L. 1995, p. 603, § 4, not codified by the General Assembly, provides that it is the intention of Sections 1 and 2 of that Act to encourage judges in divorce cases to require all couples involved in contested divorces to go to mediation to attempt a mutually agreeable settlement.
        
        Ga. L. 2005, p. 224, § 1/HB 221, not codified by the General Assembly, provides that: “The General Assembly finds and declares that it is important to assess periodically child support guidelines and determine whether existing guidelines continue to be viable and effective or whether they have failed or ceased to accomplish their original policy objectives. The General Assembly further finds that supporting Georgia’s children is vitally important to the citizens of Georgia. Therefore, the General Assembly has determined that it is in the best interests of the state and its citizenry to undertake an evaluation of the child support guidelines on a continuing basis. The General Assembly declares that it is important that all of Georgia’s children are provided with adequate financial support whether the children’s parents are living together or not living together. The General Assembly finds that both parents have a continuing obligation with respect to providing financial and emotional stability for their child or children. It is the hope of the members of the General Assembly that all parents work together to advance the best interest of their children.”
        
        Ga. L. 2006, p. 583, § 10(b)/SB 382, not codified by the General Assembly, provides: “Sections 1 through 7 of this Act shall become effective on January 1, 2007, and shall apply to all pending civil actions on or after January 1, 2007.”
        
        Ga. L. 2019, p. 636, §§ 4, 5, 6, and 8/HB 381, purported to amend subparagraph (f)(5)(C), subparagraphs (h)(1)(A) and (h)(1)(D), subparagraph (i)(2)(K), and subsection (n), respectively, but actually made no revisions.
        
        Ga. L. 2019, p. 711, § 1/HB 481, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Living Infants Fairness and Equality (LIFE) Act.’”
        
        Ga. L. 2019, p. 711, § 2/HB 481, not codified by the General Assembly, provides: “The General Assembly of Georgia makes the following findings:
        
        “(1) In the founding of the United States of America, the State of Georgia and the several states affirmed that: ‘We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness — that to secure these Rights, Governments are instituted among men;’
        
        “(2) To protect the fundamental rights of all persons, and specifically to protect the fundamental rights of particular classes of persons who had not previously been recognized under law, the 14th Amendment to the United States Constitution was ratified, providing that, ‘nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws’;
        
        “(3) Modern medical science, not available decades ago, demonstrates that unborn children are a class of living, distinct persons and more expansive state recognition of unborn children as persons did not exist when Planned Parenthood v. Casey (1992) and Roe v. Wade (1973) established abortion related precedents;
        
        “(4) The State of Georgia, applying reasoned judgment to the full body of modern medical science, recognizes the benefits of providing full legal recognition to an unborn child above the minimum requirements of federal law;
        
        “(5) Article I, Section I, Paragraphs I and II of the Constitution of the State of Georgia affirm that ‘[n]o person shall be deprived of life, liberty, or property except by due process of law’; and that ‘[p]rotection to person and property is the paramount duty of government and shall be impartial and complete. No person shall be denied the equal protection of the laws’; and
        
        “(6) It shall be the policy of the State of Georgia to recognize unborn children as natural persons.”
        
        Ga. L. 2019, p. 711, § 13/HB 481, not codified by the General Assembly, provides: “Any citizen of this state shall have standing and the right to intervene and defend in any action challenging the constitutionality of any portion of this Act.”
        
        Ga. L. 2019, p. 711, § 14/HB 481, not codified by the General Assembly, provides: “All provisions of this Act shall be severable in accordance with Code Section 1-1-3.”
        
        U.S. Code.
        
        Title II of the federal Social Security Act, referred to in division (f)(1)(A)(xiii), and subparagraphs (f)(3)(A) and (f)(3)(D) is codified at 42 U.S.C. § 401 et seq. Title IV-A of the federal Social Security Act, referred to in division (f)(2)(B)(i), is codified at 42 U.S.C. § 601 et seq. Title IV-D of the federal Social Security Act, referred to in subparagraph (k)(3)(C), is codified at 42 U.S.C. § 651 et seq. Title XVI of the federal Social Security Act, referred to in division (f)(2)(B)(iii), is codified at 42 U.S.C. § 1381 et seq. Section 402(d) of the federal Social Security Act, referred to in division (f)(2)(B)(iv), is codified at 42 U.S.C. § 602 .
        
        Administrative rules and regulations.
        
        Periodic review and modification of child support obligations, Official Compilation of the Rules and Regulations of the State of Georgia, Office of Child Support Recovery, Recovery and Administration of Child Support, § 290-7-1-.06.
        
        Law reviews.
        
        For note discussing Georgia’s child support laws, their problems, and some proposed solutions, see 11 Ga. L. Rev. 387 (1977).
        
        For article, “Tax Aspects of Divorce and Separation and the Innocent Spouse Rules,” see 3 Ga. St. U.L. Rev. 201 (1987).
        
        For note on 1989 amendment to this Code section, see 6 Ga. St. U.L. Rev. 227 (1989).
        
        For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 234 (1992).
        
        For note on the 1994 amendment of this Code section, see 11 Ga. St. U.L. Rev. 171 (1994).
        
        For article, “Alimony and Child Support: Limit Issuance or Renewal of Licenses for Failure to Comply with Child Support Order,” see 13 Ga. St. U.L. Rev. 127 (1996).
        
        For annual survey article discussing developments in domestic relations law, see 52 Mercer L. Rev. 213 (2000).
        
        For article, “Why Georgia’s Child Support Guidelines Are Unconstitutional,” see 6 Ga. St. B.J. 8 (2000).
        
        For article, “Constitutionally Sound Objectives and Means,” see 6 Ga. St. B.J. 16 (2000).
        
        For survey article on domestic relations cases, see 55 Mercer L. Rev. 223 (2003).
        
        For annual survey of domestic relations law, see 56 Mercer L. Rev. 221 (2004).
        
        For article on 2005 amendment of this Code section, see 22 Ga. St. U.L. Rev. 73 (2005).
        
        For annual survey of domestic relations cases, see 57 Mercer L. Rev. 173 (2005).
        
        For article, “Georgia’s Child Support Guidelines: Effective January 1, 2007,” see 12 Ga. St. B.J. 12 (2006).
        
        For annual survey of domestic relations law, see 58 Mercer L. Rev. 133 (2006).
        
        For article on 2006 amendment of this Code section, see 23 Ga. St. U.L. Rev. 103 (2006).
        
        For survey article on domestic relations law, see 59 Mercer L. Rev. 139 (2007).
        
        For survey article on domestic relations law, see 60 Mercer L. Rev. 121 (2008).
        
        For annual survey on domestic relations, see 61 Mercer L. Rev. 117 (2009).
        
        For annual survey of law on domestic relations, see 62 Mercer L. Rev. 105 (2010).
        
        For annual survey on domestic relations law, see 64 Mercer L. Rev. 121 (2012).
        
        For annual survey on domestic relations, see 65 Mercer L. Rev. 107 (2013).
        
        For article on domestic relations, see 66 Mercer L. Rev. 65 (2014).
        
        For annual survey of domestic relations law, see 67 Mercer L. Rev. 47 (2015).
        
        For annual survey on domestic relations, see 69 Mercer L. Rev. 83 (2017).
        
        For annual survey on domestic relations, see 70 Mercer L. Rev. 81 (2018).
        
        For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 155 (2019).
        
        For annual survey on domestic relations, see 71 Mercer L. Rev. 83 (2019).
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2022 Georgia CodeTitle 19 - Domestic RelationsChapter 6 - Alimony and Child SupportArticle 1 - General Provisions§ 19-6-15. Child Support Guidelines for Determining Amount of Award; Continuation of Duty of Support; Duration of Support

2022 Georgia Code
Title 19 - Domestic Relations
Chapter 6 - Alimony and Child Support
Article 1 - General Provisions
§ 19-6-15. Child Support Guidelines for Determining Amount of Award; Continuation of Duty of Support; Duration of Support