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The Georgia Child Support Commission issues the guidelines regarding child support. The guidelines at codified in O.C.G.A. § 19-6-53. The State of Georgia resolves the issue of child support by using an “income shares” model. This means both parents’ incomes are used to determine child support. The state guidelines mandate the universal use of a child support worksheet to input the income of both parents in order to determine the appropriate amount of child support. The worksheet generates an amount based on income and expenses paid towards caring for the children. The parent that has primary custody receives the child support payment from the other parent. Primary custody is calculated by counting the number of nights that each parent has the children for the year to determine which parent has more than 50% of the time. In many cases, this may come down to a mere difference of one night. The state requires the worksheet be turned into the judge before the judge can sign off on a settlement agreement or issue a final divorce decree.
In the Context of a Georgia Uncontested Divorce
In a Georgia uncontested divorce, the parties can decide on the amount of child support that will be paid and other details such as:
- the length of time it will be paid, so long as it does not violate Georgia law
- how it will be paid, and whether an income deduction order will be required
- whether it will be paid at the first of the month, end of the month, or broken down into two or more payments each month
In any event, the court will generally approve an agreement between the parties in a Georgia uncontested divorce that is reasonable and does not violate applicable Georgia law. However, the Georgia uncontested divorce courts are strict in their application of child support law and the pleadings required to be filed with the court.
What Qualifies as Income?
Income, for the purposes of the child support worksheet, is both parties’ total gross income before tax deductions. Income includes, not only salaries, but also bonuses, commissions, accrued interest, income from investment properties, unemployment, pensions and retirement, and social security. All income must be reported. Failing to do so will be considered fraud by the court.
The worksheet will also take into account any other children outside of the marriage when calculating the available income. If there are other children in the household that one party of which one party has primary custody from another marriage or if one party pays child support for children from another marriage, this will be factored against the party’s gross income.
What Expenses Does Child Support Cover?
Child support is typically calculated to cover the basic needs of the child such as food, clothing, healthcare, etc. The state will not require that child support be paid to cover private school or college but the parties may agree to pay for these expenses. After entering the income and expenses, the worksheet will generate a presumptive child support amount. This amount may then fluctuate based on additional variables.
When one party agrees to pay for extra expenses such as additional education, extra curricular activities, childcare, or medical care not covered by insurance, the court will view this extra expense as a “deviation.” Additionally, the parent that carries the children on their insurance policy will be allowed a deviation. All deviations are added to the worksheet and will count toward each party’s mandated child support amount. Any deviations entered must be found to be in the best interest of the children and all deviations must be able to be documented via receipts or bank statements.
A parent may choose to stipulate a cap on the amount that he or she is willing to pay towards deviations. Anything in excess of the cap, must then be paid by the primary parent. Child support is paid until the last child turns eighteen (18) years of age. The more parenting time that is spent with the child, the more likely the court will allow that parent a downward deviation, resulting in a reduction of the child support amount paid. The primary parent receiving child support are not generally required to show the court how the child support payments are being spent.
Modifying an Existing Child Support Agreement / Court Order
A request to modify (legally change) the child support amount can be filed as a contested or uncontested case.
If uncontested, the parties would need to reach a new agreement and sign the appropriate settlement documents which would include a new Child Support Addendum. In any event, a “substantial change in circumstances” will still need to be shown to the court to justify the change in the child support amount.
Modifications can be made to a child support agreement under certain circumstances. A modification request can be made by each parent every two (2) years and requires a “substantial change in circumstances.” A substantial change means a material event such a job loss or a large promotion. Generally, it will mean roughly a twenty-five percent (25%) increase or decrease in income.
A modification may also be requested if one party does not exercise the amount of custody that was awarded. For example, if one parent is awarded forty-nine percent (49%) custody but only exercises twenty-five percent (25%) during the year, the primary parent ends up with the children seventy-five (75%) of the year. The primary parent must bear that unanticipated cost of the extra time spent caring for the children and a modification of the support agreement would be appropriate.
In addition, a “substantial change in circumstances” can include (but is not limited to) the following:
- Significant Change in Income: If either parent experiences a substantial increase or decrease in income (usually a change of 25% or more) (e.g., job loss, pay cut, or a significant raise).
- Change in Custody or Parenting Time: If the child now spends significantly more or less time with one parent than originally ordered in the Parenting Plan.
- Medical or Educational Needs of the Child: If the child develops new medical conditions, disabilities, or educational expenses requiring increased financial support. This can also include development of mental illness or other special needs.
- Emancipation of the Child: If the child turns 18 (or graduates from high school, whichever is later) or becomes legally emancipated (gets legally married, joins the U.S. military, etc.)
- Incarceration of the Paying Parent: If the non-custodial parent is incarcerated for one hundred eighty (180) days or more, they may request a temporary modification.
- Changes in Health Insurance Availability: If one parent can now provide or loses access to affordable health insurance for the child, which is not contemplated in the Child Support Addendum.
- Change in the Receiving Parent’s Financial Situation: If the custodial parent receives a significant increase in income (25% or more) or financial resources (other sources of income), affecting the child’s needs.
- Additional Children from Another Relationship: If the paying parent has a new legal responsibility to support additional children. E.g.. – the paying parent gets married and has additional children. However, marriage is not required.
- Failure to Exercise Court-Ordered Parenting Time: If the non-custodial parent does not use their designated visitation time, leading to increased costs for the custodial parent. This sometimes occurs because one of the parties moved to another state or other significant distance from the other party / parent.
- Extraordinary Expenses: If either parent faces unexpected or necessary expenses (e.g., medical emergencies, special needs, or significant changes in living expenses). The expenses must be usually be necessary and not merely caused by the negligence or bad judgment of the person asking for the modification.
Child Support Modifications in Georgia: Timing, Procedure, and Legal Standard
In Georgia, either parent may request a modification of an existing child support order after the entry of a final order, but only under specific circumstances. See O.C.G.A. § 19-6-15(k), which states:
A petition for modification of a child support order… may be filed at any time upon a showing of a substantial change in either parent’s income and financial status or the needs of the child… However, no petition may be filed by the same party more than once every two years from the date of the final order on a previous petition to modify…
Under this Georgia statute, a parent may seek a modification when there has been a substantial change in the income or financial status of either parent or in the needs of the child. Examples might include job loss, a significant raise, medical needs of the child, or a parent assuming custody.
Time Limits on Filing for Modification
In Georgia, a parent can ask the court to change (or “modify”) child support any time there has been a substantial change in circumstances, such as a significant change in income, job loss, or changes in the minor child’s needs.
However, Georgia law generally limits how often the same parent can request a modification. A parent can only file to modify child support once every two (2) years from the date of the most recent final order, unless a legal exception applies. For example, if a parent loses their job involuntarily or has a significant change in income, they may be allowed to file sooner.
Because both parents have the right to file for child support modifications separately, it is technically possible for support to be reviewed more often, such as if each parent alternates filing every two (2) years. However, this is rare and should only happen when there are legitimate changes in the parties’ finances or needs of the minor children.
Court Filing Requirement and Judicial Review
Any modification request must be filed in the appropriate Georgia court, and the parent requesting the change must present evidence supporting the claimed change in circumstances. A judge will review the petition and accompanying evidence and decide whether a modification is justified under the law.
Conclusion – Georgia Uncontested Divorce Child Support Requirements
The child support worksheet is generally a straight-forward remedy for calculating child support payments. The addition of deviations allows for some flexibility within the worksheet. In a Georgia uncontested divorce, the parties can usually reach an agreement regarding child support that the court will approve. Your attorney is best equipped to assist in filling in the child support worksheet to ensure you get credit for all expenses paid towards the care of your child.
Give us a call at 470-947-2471 to arrange a confidential consultation with one of our experienced Georgia uncontested divorce attorneys.
Georgia Areas We Serve
Coleman Legal Group, LLC’s Georgia uncontested divorce attorneys handles cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Johns Creek, Milton, Cumming, Sharon Springs, Marietta, Sandy Springs, Woodstock, Canton, Holly Springs, Douglasville, Kennesaw, Gainesville, Norcross, Lawrenceville, Midtown, Inman Park, Duluth, Buckhead, Dunwoody, Vinings, East Cobb and Smyrna.
Our Georgia uncontested divorce lawyers frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette and Clayton.
Our main office is located in Alpharetta Georgia at: 11539 Park Woods Circle, Suite 304, Alpharetta, GA 30005.
We also have offices conveniently located at:
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Atlanta Georgia |
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Cumming Georgia |
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Updated: 2026-07-02
