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FAQs on Georgia's New Child Support Law

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FAQ on Georgia's New Child Support Law

1. When does the new law start?

The new law took effect on January 1, 2007and is applied to all child

support decisions made after that date, even if the case was started in court before that.

2. Besides the forms available at family law information centers and http://www.georgialegalaid.org/link.cfm?2261 is there anything else I will need for the court to decide my case under the new law?

Yes. You will need to bring to court proof of your income and certain expenses, including child care, health insurance for the child, special expenses for the child, and child support orders for other children and the payments you make on those orders. You will also need to file the new Child Support Worksheet and Schedules.

3. Where do I get the Worksheet and Schedules?

• Office of Child Support Services at:

http://ocse.dhr.georgia.gov/portal/site/DHR-OCSE/

• Georgia Child Support Commission at:

http://www.georgiacourts.org/childsupp.html

and here:

http://www.georgialegalaid.org/link.cfm?2261

 

4. I'm not very good at math. Will it be hard for me to fill out the Worksheet and Schedules?

No. The electronic versions of the Worksheet and Schedules will do the math for you. The "guided version" will walk you through the whole calculation. Then it will fill out the forms for you.

5. If parents already have a court order for child support, will they be able to go back to court and get a new child support order under the new law?

No, not unless there has been a change in the parent's financial circumstances or in the child's needs. The change in the law, by itself, is not enough to allow the court to modify the existing child support order.

6. Under our divorce decree, my kids spend the summers with me. Will I be able to get my child support reduced under the new law?

No, not unless there has been a change in circumstances, so that the court can modify the existing child support order. The fact that the law has changed is not considered to be a change in circumstances.

Also, the new law does not give parents an automatic reduction in child support for extended visitation. However, the court will continue to have the discretion under the new law to raise or lower the amount of support if extended visitation makes the presumptive amount excessive or inadequate.

7.Where can I go to see the new support table and read the new law itself?

The Basic Child Support Obligation table is in the new law. You can read it in law libraries at local courthouses and law schools. You can also read it online at the website for the Georgia General Assembly at:

 

http://www.legis.state.ga.us/legis/2005_06/pdf/sb382.pdf

Última revisión y actualización: Sep 30, 2010