Alimony & Child Support
Support issues often shape what life looks like after a case is over.
Alimony In Georgia
Alimony provides support for a spouse and is separate from child support. It is not automatic. Georgia law considers financial need, the other spouse’s ability to pay, and other legal requirements
Court rules generally require sworn financial affidavits in cases involving alimony, child support, or equitable property division, subject to specified exceptions.
The affidavit asks about more than salary, including commissions, self-employment income, bonuses, rental income, recurring retirement income, and cash gifts or gifts convertible to cash.
Child Support In Georgia
Georgia calculates child support under statutory guidelines using information about both parents’ incomes and other required factors. The state’s official calculator helps prepare that calculation; the final amount may include legally permitted adjustments or deviations.
Child support cases require a completed worksheet and applicable schedules, including when parents submit an agreed order for the court’s approval.
How It Usually Works
01
Review The Financial RecordsGather and review income records, tax returns, business information, and monthly expenses. Relevant costs may include health insurance and child care, supported by the financial affidavit and related documents.
02
Evaluate The Support QuestionsEvaluate alimony under Georgia’s eligibility requirements, financial need, and ability to pay. Calculate child support separately under the state’s guidelines using both parents’ incomes and other required information.
03
Work Toward An AgreementUse the financial information to discuss proposed support terms and identify unresolved questions. Negotiation may produce an agreement on some or all issues, subject to the necessary court approval.
04
Resolve Remaining DisputesIf an agreement cannot be reached, the court may decide disputed support issues based on the evidence and applicable law. An agreed child support amount also requires court approval
- Self-employment income, commissions, and bonuses can require additional analysis. Georgia’s child support rules address allowable business expenses and averaging income that varies over time.
- Child support calculations account for qualifying health insurance and work-related child care costs. Georgia’s current guidelines also include a parenting time adjustment, so the calculation involves more than comparing salaries.
- Alimony is not automatic. Legal eligibility, financial need, and ability to pay matter, along with factors such as the marriage’s length, each spouse’s resources, and earning capacity.
- A child support order may qualify for modification when legal requirements are met. A review can result in an increase, a decrease, or no change—not an automatic reduction or increase.
Where It Gets Complicated
Common Questions
What Factors Affect Alimony In Georgia?
Alimony is not automatic. Courts consider one spouse’s need for support and the other’s ability to pay. Relevant factors include the marriage’s length, the marital standard of living, each spouse’s financial resources and earning capacity, and their contributions to the marriage.
What Can Make Child Support More Complicated?
Disagreements may involve income from a business, bonuses, commissions, or incomplete financial records. The calculation also accounts for eligible child-care costs, health-insurance premiums, and court-ordered parenting time. Accurate records help establish the figures used under Georgia’s guidelines.
Can Alimony Or Child Support Be Changed Later?
Sometimes, but different rules apply. Child support may be reviewed for modification and can increase, decrease, or remain unchanged; a modification does not erase past-due support. Alimony changes depend on the award’s terms, the applicable legal grounds, and whether modification rights were waived. A change in income does not, by itself, change the existing order.