Help with CS in Georgia

[zyrobyte]

What is the name of your state (only U.S. law)? Georgia

Ok, so here's my story:
I am 26 and about to sign the divorce papers. I've got a 7 month old girl. Wife is wanting me to pay child support, which isn't a problem to me at all, I'm not a deadbeat! But she is only going by some worksheet that she has that calculates how much I need to pay her based on my gross income. My monthly expenses are not at all considered.

So here is where my problem lies. My total expenses per month is around $1100-$1200. This includes my car payment, car insurance, cell phone, credit card, groceries, and gas. I understand that I don't need the cell phone and the credit card to be counted as necessities. I plan on canceling my cell phone soon because I'm being raped by them already.

I currently do not have rent or utilities or any of that stuff because I am staying temporarily with a friend from work. My (ex)wife and I were living with her parents before she kicked me out. We were only paying $160 a month for rent there. (also the reason she wanted the divorce was because "she fell out of love" with me - It wasn't because of something I did) So I am looking for a place to live now but was waiting to see how much the child support was going to be before I got into any contract.

My take home pay is about $1800 a month. According to the worksheet she has I have to pay $447 each month for child support.

Is there anything that I can do to take my situation into consideration in trying to leave me enough money to actually live on?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Georgia

Ok, so here's my story:
I am 26 and about to sign the divorce papers. I've got a 7 month old girl. Wife is wanting me to pay child support, which isn't a problem to me at all, I'm not a deadbeat! But she is only going by some worksheet that she has that calculates how much I need to pay her based on my gross income. My monthly expenses are not at all considered.

So here is where my problem lies. My total expenses per month is around $1100-$1200. This includes my car payment, car insurance, cell phone, credit card, groceries, and gas. I understand that I don't need the cell phone and the credit card to be counted as necessities. I plan on canceling my cell phone soon because I'm being raped by them already.

I currently do not have rent or utilities or any of that stuff because I am staying temporarily with a friend from work. My (ex)wife and I were living with her parents before she kicked me out. We were only paying $160 a month for rent there. (also the reason she wanted the divorce was because "she fell out of love" with me - It wasn't because of something I did) So I am looking for a place to live now but was waiting to see how much the child support was going to be before I got into any contract.

My take home pay is about $1800 a month. According to the worksheet she has I have to pay $447 each month for child support.

Is there anything that I can do to take my situation into consideration in trying to leave me enough money to actually live on?

You can REQUEST a downward deviation due to living expenses but it does NOT have to be granted. Plan on child support being according to guidelines. Oh but if you don't agree don't sign. Because if you sign you will not have a chance at a deviation.

 

[zyrobyte]

What exactly is a downward deviation? And what do I need to do to request one? Forgive me if I sound naive, I just have absolutely no experience in this kind of stuff.

 

[CourtClerk]

I'm sorry, but not that I've ever seen a GA support hearing, but I've never heard of a downward deviation for living expenses. The support calculations are exact - and fortunately, you take care of your kids before you take care of yourself. That's just the way it is (or should be).

I mean really, if the NCP gets a downward deviation due to living expenses, then should the CP get an upward one because they live in a neighborhood that is more expensive than average?

Read http://www.georgiacourts.org/csc/ educate yourself

 

[gemeye73]

Do I actually AGREE with CourtClerk? (gasp)

zyrobyte,

You need her income also to complete the calculations.

 

[Ohiogal]

I'm sorry, but not that I've ever seen a GA support hearing, but I've never heard of a downward deviation for living expenses. The support calculations are exact - and fortunately, you take care of your kids before you take care of yourself. That's just the way it is (or should be).

I mean really, if the NCP gets a downward deviation due to living expenses, then should the CP get an upward one because they live in a neighborhood that is more expensive than average?

Read Georgia Child Support Commission educate yourself

I am going to ignore the gemeyed one but CC, some states do allow a downward deviation in order to allow the NCP to keep a roof over his head. Of course he currently has a roof over his head and hence that is not an issue.

See the following from the OCGA Section 19-6-15:

(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 pursuant to subsection (i) of this Code section.

That section continues with:

(8) In accordance with subsection (i) of this Code section, deviations subtracted from or increased to the presumptive amount of child support are applied, if applicable, and if supported by the required findings of fact and application of the best interest of the child standard. The proposed deviations shall be entered on the Child Support Schedule E -- Deviations. In the court's or the jury's discretion, deviations may include, but are not limited to, the following:

(A) High income;

(B) Low income;

(C) Other health related insurance;

(D) Child and dependent care tax credit;

(E) Travel expenses;

(F) Alimony;

(G) Mortgage;

(H) Permanency plan or foster care plan;

(I) Extraordinary expenses;

(J) Parenting time; and

(K) Nonspecific deviations;

Those may allow for housing costs. Notice it goes in either direction. When said deviation is done:

(E) 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:

(i) The reasons the court or the jury deviated from the presumptive amount of child support;

(ii) 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

(iii) 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;

So it is possible for him to get a downward deviation and/or to get an upward deviation. Now I am not stating that he WOULD get a deviation but only that the statute allows for it and he can always ask.

 

[Zigner]

Dump the car - I bet your expenses go WAY down. And, your credit card payment should not be considered. The fact that you ran up a balance on a credit card was a CHOICE.

 

[zyrobyte]

Dump the car - I bet your expenses go WAY down. And, your credit card payment should not be considered. The fact that you ran up a balance on a credit card was a CHOICE.

Oh, I would dump the car if I could. Currently its worth $3500 on kelly blue book and I still owe around $8000 on it. I need a reliable car to get to and from work and to visit my daughter. So if I were to trade it in for an unreliable clunker, the balance of what I owe on my car will still be added to the price of the clunker.

I already said I understood the credit card was a choice.