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Child Support in Georgia

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What is the name of your state?What is the name of your state? Kentucky, but order will be from Georgia

Hello Everyone,

My BF just received the "draft" to his divorce papers today. It was the first time that I realized that GA doesn't take into account CP's income only the NCP's. The child support is a straight percentage of his income, he may have to pay until the children are 20 (if they choose a secondary school) & she gets both children as exemptions on her taxes every year. Her gross income is within 300 month of his & she is getting the family home valued at 4 times the amount of their second home. Hers will be paid off in 5 years, he has 20 to go. I know not relevant, just venting.

She is "saying" that she doesn't want child support, only for him to pay off a credit card that is in her name. She stated that if he doesn't pay the card, she will get him for the child support instead (financially, he would be better off just paying the card) But, I have tried to warn him, she gets a hair cross ways anytime in the next 10 years, not only will she get him for back support & interest and any payments he made to the card will not even be considered by a Judge.

He wants so hard to take her at her word, but I learned a long time ago....NEVER TAKE ADVICE FROM YOUR EX. The child support order will be for 677 mo, the CC pymt 377. I suggested to him that if he insists on taking her word, that he mail the 377 to her directly (just as if making the CS payment with 300 shortage) & what she chooses to use that money for is her choice. That way she would only be able to hold over his head the shortages & hopefully her word would hold true and this would never become an issue (somehow, I don't think it will work that way) The papers state that CS payments be made to her directly.

I have been doing alot of research since then, but I need some help interpreting what is going on in GA & their mentalities there. In my opinion, which I'm sure is shared by several, is that BOTH parents need to support their children whether it be by living together or separately.

I have read that there is a new law that has passed HB221, but hasn't been put into effect as of yet. When is this law going to be used by the courts to compute child support obligations? How will it effect current orders? I can only imagine the backlog at the court when this takes effect for modifications!!!!

Is there any suggestions, other than him giving her the entire amount, that anyone has? Will a notarized agreement between the two outlining the CC vs CS pymts hold any weight with a Judge if it ever were a factor? I just don't want to see him get burned.

I live in KY & when I filed for my divorce, both incomes were considered, he pays until the children are of age (18) and I had a choice of giving him both children every other year as exemption or we just split 1 & 1 every year, that seems fair. Georgia laws are not.....just my opinion.

Any advice is appreciated, I know that he needs to pay the entire amount but part of why his STBX only wants that card paid is that he raised her daughter from a previous marriage since she was 2, she is now 17. He adopted her about 3 years ago, her biodad was never in her life. I think she is trying to give him some credit for that, I don't know.
 


LdiJ

Senior Member
starting over said:
What is the name of your state?What is the name of your state? Kentucky, but order will be from Georgia

Hello Everyone,

My BF just received the "draft" to his divorce papers today. It was the first time that I realized that GA doesn't take into account CP's income only the NCP's. The child support is a straight percentage of his income, he may have to pay until the children are 20 (if they choose a secondary school) & she gets both children as exemptions on her taxes every year. Her gross income is within 300 month of his & she is getting the family home valued at 4 times the amount of their second home. Hers will be paid off in 5 years, he has 20 to go. I know not relevant, just venting.

She is "saying" that she doesn't want child support, only for him to pay off a credit card that is in her name. She stated that if he doesn't pay the card, she will get him for the child support instead (financially, he would be better off just paying the card) But, I have tried to warn him, she gets a hair cross ways anytime in the next 10 years, not only will she get him for back support & interest and any payments he made to the card will not even be considered by a Judge.

He wants so hard to take her at her word, but I learned a long time ago....NEVER TAKE ADVICE FROM YOUR EX. The child support order will be for 677 mo, the CC pymt 377. I suggested to him that if he insists on taking her word, that he mail the 377 to her directly (just as if making the CS payment with 300 shortage) & what she chooses to use that money for is her choice. That way she would only be able to hold over his head the shortages & hopefully her word would hold true and this would never become an issue (somehow, I don't think it will work that way) The papers state that CS payments be made to her directly.

I have been doing alot of research since then, but I need some help interpreting what is going on in GA & their mentalities there. In my opinion, which I'm sure is shared by several, is that BOTH parents need to support their children whether it be by living together or separately.

I have read that there is a new law that has passed HB221, but hasn't been put into effect as of yet. When is this law going to be used by the courts to compute child support obligations? How will it effect current orders? I can only imagine the backlog at the court when this takes effect for modifications!!!!

Is there any suggestions, other than him giving her the entire amount, that anyone has? Will a notarized agreement between the two outlining the CC vs CS pymts hold any weight with a Judge if it ever were a factor? I just don't want to see him get burned.

I live in KY & when I filed for my divorce, both incomes were considered, he pays until the children are of age (18) and I had a choice of giving him both children every other year as exemption or we just split 1 & 1 every year, that seems fair. Georgia laws are not.....just my opinion.

Any advice is appreciated, I know that he needs to pay the entire amount but part of why his STBX only wants that card paid is that he raised her daughter from a previous marriage since she was 2, she is now 17. He adopted her about 3 years ago, her biodad was never in her life. I think she is trying to give him some credit for that, I don't know.
GA is changing to an "income shares" formula, similar to what you used in KY. It may not make quite as much difference though in child support levels as people may believe.

Yes, she can waive child support now and then go back after it any time until the youngest is emancipated. However you are wrong about back support...back support would only go back to the date she filed the child support case....assuming that she doesn't go on any kind of state aid.''

Therefore, if he agrees to take on the credit card, he could eventually end up stuck with both. He really should just pay child support and let her pay her own credit card.
 
LdiJ said:
GA is changing to an "income shares" formula, similar to what you used in KY. It may not make quite as much difference though in child support levels as people may believe.

Yes, she can waive child support now and then go back after it any time until the youngest is emancipated. However you are wrong about back support...back support would only go back to the date she filed the child support case....assuming that she doesn't go on any kind of state aid.''

Therefore, if he agrees to take on the credit card, he could eventually end up stuck with both. He really should just pay child support and let her pay her own credit card.

Thank you for your response, I totally agree with what you said. What I meant by "back support" is, lets say, 5 years from now she decides that she wants the CS, it would then be considered back support & interest would be a factor.....sorry I wasn't clear in my initial post.

If after the youngest child is emancipated, could she later say that she didn't receive support & go after him at that time? Would he only have to mind his P's & Q's until emancipation or would this be an ongoing concern?

Thanks again
 

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