Major changes were made to Georgia‘s child support law. This change affects the Basic Child Support Obligations (BCSO) table based on the formula the court must use.
SUWANEE, Georgia, June 5, 2024 /PRNewswire-PRWeb/ — In the last legislative session, the Georgia Legislature passed SB 454, making several important changes to the Georgia Child Support Guidelines, codified in OCGA §19 -6-15. Governor Brian Kemp signed SB 454 on May 6, 2024. This revision accomplishes three main things: it changes the Basic Child Support Obligations (BCSO) table; changed the formula the court must use in circumstances where parents have lower incomes; and establishes a formula and adjustment of parenting time to the amount of child support.
In Georgia, child support is calculated taking into account several factors set forth in the Child Support Statute, OCGA §19-6-15. The amount of child support that both parents must pay is determined by the BCSO table. This table had not been updated since the Child Support Statute was completely amended in 2007. Prior to 2007, child support was calculated by taking a percentage of the noncustodial parent’s monthly income as the child support amount. . In 2007, the Child Support Statute was modified to an income-sharing model.
The income-sharing model used in Georgia and many other states looks at several factors to determine child support, including the gross income of both parents, the number of children they have together, and the costs of the children’s health insurance premiums. and daycare expenses. . When there are reasons why the amount determined by the Child Support Statute is not fair, there are categories of factors and expenses (called variances) that parents or the court can consider in changing the amount determined by the Child Support Statute. children. .
Since the BCSO table had not changed in more than 15 years, the Legislature decided it was time to update it. The Georgia Child Support Commission hired experts to determine the appropriate costs for raising children at all income levels, from $800 per month to $40,000 per month, or between $9,600 and $480,000 per year. This is a big increase since the old BCSO stopped at $30,000 a month or $360,000 a year. The numbers on the BCSO chart also change depending on how many children there are in your family. In most cases, this means that since the costs of raising children have increased since 2007, the amount of support that must be paid has also increased.
Some parents complained that the amount determined by the Child Support Statute is too high and now the law has changed. If you have a lower income, there is now an alternative method for setting and determining child support. If your income is between $1,550 and $3,950 per month, or between $18,600 and $47,400 per year, there is a new low-income adjustment table that may apply. In many situations, this table will result in a lower child support obligation being established. As you complete the Child Support Worksheets, if the low-income adjustment table applies, the Worksheet will automatically use the appropriate table for your situation.
For the first time, benefits paid by the Department of Veterans Affairs to disabled veterans for the benefit of their children will now be considered in the child support calculation and will reduce veterans’ out-of-pocket obligation to pay child support. Under previous law, the custodial parent would receive benefits on behalf of the child plus child support, and now the benefits reduce the amount of child support veterans have to pay. This allows our disabled veterans to have more income to care for themselves, but also ensures that their children receive financial support.
The biggest change to the Child Support Statute is to include a mandatory parenting time adjustment in the calculation, rather than a discretionary deviation. The amounts listed in the current Georgia BCSO are based on the expenses of raising a child in a family that is not divorced. Therefore, some of the expenses are paid by the custodial parent and others by the non-custodial parent. The new parenting time adjustment changes the amount of child support paid by the noncustodial parent based on the number of days the child spends with each parent. Now, depending on the income levels of the parents and the amount of time the child spends with each parent, the noncustodial parent’s obligation could be zero, or the custodial parent could have to pay child support to the parent. without custody when there is a big difference. in parents’ income.
However, these changes will not occur all at once. The new BCSO table goes into effect on July 1, 2024. The low income adjustment and parenting time adjustment will go into effect on January 1, 2026. The current rules for low income deviation and the current Parenting time will remain in effect until January 1, 2026.
If you are deciding whether a child support modification is appropriate, look at the change in the income and financial status of the parents and the needs of the child from the time of the last Order to now, but also make sure you know which table BCSO will apply to your situation. The change in the BCSO is not in itself a reason to change your existing child support award, but it will affect the amount of child support. As the parenting time adjustment changes take effect in January 2026, be sure to exercise all the parenting time you have under your current order, as the days you spend with your children will soon affect the amount of the parenting time. child support. If you are trying to decide if a child support modification is right for you, make sure any attorney you consult with is aware of all changes to the Georgia Child Support Statute.
About Sachs Family Law, PC:
Sachs Family Law, PC is a leading law firm focusing on divorce, child support, child custody modifications, and enforcement of parental legal rights in Georgia, dedicated to empowering parents and safeguarding the well-being of children. . Through advocacy, education, and support services, Sachs Family Law, PC works tirelessly to promote positive outcomes for families navigating the complexities of the legal system.
For media inquiries or additional information, please contact:
Dorothy “Dodie” Sachs
Founding Partner
Sachs Family Law, P.C.
(email protected)
Conclusion:
Reforms to Georgia’s child support law signal a new chapter in the state’s commitment to supporting families and children. By modernizing calculation methods, expanding the BCSO table, and accounting for parenting time days, these changes aim to create a more equitable and responsive system that fosters financial stability, parental responsibility, and the well-being of Georgia’s children . As families adapt to the revised legal framework, access to accurate information, resources, and legal guidance will be essential to effectively navigate the complexities of the child support process.
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