Marietta Child Support Lawyer

Many parents are unaware that they may qualify for child support as part of their divorce. Such support may be invaluable for parents who become the primary custodian of their children and must cope with the loss of a second income and new expenses, such as moving or changing schools for their kids.

A Marietta child support lawyer is here to assist you. They could sit down with you and discuss the amount of child support you may need. A skilled family attorney could then petition a court on your behalf to obtain the child support you deserve or to modify any currently existing child support orders.

Determining Child Support

In Marietta, both parents generally have an obligation to provide for their children. Under the Official Code of Georgia Annotated §19-6-15, courts usually decide each parent’s child support obligation based on pre-set formulas that take into account each parent’s income and assets. Courts generally include all of the following in determining a parent’s income:

  • Salary
  • Commissions or tips
  • Bonuses
  • Overtime payments
  • Severance pay
  • Income from retirement accounts and trusts
  • Dividend and interest income

Additionally, an individual’s calculated income may also include any public or private benefits, such as those for worker’s compensation, disability, retirement, or unemployment. If a person is self-employed, courts may not consider reasonable expenses for their employment or business operations as part of the calculated income, according to O.C.G.A. §19-6-15. However, these expenses do not include excessive travel or living expenses or the costs of operating home offices.

Other Factors Affecting Payments in Marietta

Although the courts generally calculate basic child support obligation amounts according to set formulas, they may adjust payments based on a variety of factors, such as:

  • Whether either individual has an excessively high or low income
  • Presence of health insurance or life insurance
  • Alimony expenses
  • Mortgage expenses

For example, if an individual has a much higher income than their ex-spouse, then they may be obligated to pay child support. However, if they are already paying alimony, their child support payments may be reduced. A Marietta child support lawyer could provide additional information on payment adjustments or deviations.

Modifying Existing Orders

A Marietta child support attorney could also assist individuals in petitioning for a modification of their current child support payments. Generally, under O.C.G.A. §19-6-15, courts only grant child support modifications if there has been a substantial change in either parent’s income or in the financial needs of the child. For example, if a parent receiving child support becomes unemployed involuntarily for an extended period, they may be able to successfully petition for more child support.

Parents must usually wait at least two years after the last child support order before petitioning for a modification. However, this requirement may not apply where a parent has suffered an involuntary loss of income or if there have been certain violations in child custody orders.

Consult a Marietta Child Support Attorney

Many parents must deal with increased childcare, education, and other expenses after their divorce. Child support payments may be crucial to helping parents stay financially afloat. For help obtaining support payments, call a Marietta child support lawyer immediately. They are experienced in fighting for the maximum amount of child support you deserve. To learn more, reach out today.