PARENTING PLAN
Beginning Jan. 1, 2008, parents must file a parenting plan in any case in which child custody is an issue (except in cases where a family violence temporary protective order is sought.). Forms can be found on line at the Cobb County Law Library, specifically at: http://lawlibrary.cobbcountyga.gov/downloads/GeneralForms/VisitationSchedule.pdf
The parenting plan is required to be comprehensive. It should acknowledge the importance of a child having a continuing relationship with both parents. It must address the legal custody of the child, a plan for the child's physical care, including holidays and school vacations, and transportation for the exercise of parenting time. The plan must acknowledge the importance of each parent having access to records regarding school, health care, extracurricular activities and religious training, and it must also designate, as between the parents, who has responsibility for making major decisions about the child.
The parenting plan may be filed by the parents jointly, or each party may file a separate parenting plan as a proposal to the court. If only one parent submits a parenting plan, the court may adopt the parent's plan if the court finds that the plan is in the child's best interest.
Any parenting plan is subject to acceptance or rejection by the court based on the court's finding of the child's best interest, health and welfare.
The new law outlines a list of factors a judge must consider in determining whether or not to accept a parenting plan, or in making custody award in general. All of these considerations have been taken into account by judges for many years, but this is the first time that Georgia law has specifically articulated them.
Among these, the law expressly requires the judge to consider the willingness and ability of each parent to facilitate and encourage a close and continuing parent and child relationship between the child and the other parent, consistent with the best interest of the child.
NEW CHILD SUPPORT GUIDELINES EFFECIVE JANUARY 1, 2007
(Note new child support worksheets and schedules must be used starting September 1, 2009)
Step by Step Process of Calculating Child Support*:
Effective January 1, 2007 and pursuant to §19-6-15, as revised—
1. Determine the gross monthly income of both the mother and father. Gross income shall be
calculated on a monthly basis and each parent enters the amount on Schedule A.
2. The gross income of either parent may be reduced based upon one or more of the following
reasons, and calculated on Schedule B:
Is either parent self employed?
• If so, adjust each parent’s monthly gross income by reducing the gross income by 6.2% of OASDI
(up to the annual maximum amount for OASDI), and 1.45% for Medicare.
Has either parent been paying preexisting child support orders?
• If so, reduce the monthly gross income by the amount of monthly current support the parent has
been paying consistently for a specific period (12 months if order has been in effect for at least one
year). If less than full payments have been made, use the average of the amount of current
support actually paid.
Is either parent supporting his or her other children living in the home, who are not the subject
of the case before the court or any other child support order?
• If so, the court may in its discretion find that: a) the failure to consider the parent’s other child in
the home would cause a substantial hardship to the parent and b) such adjustment is in the best
interest of the child in the current case, and calculate a Theoretical Support Order. To calculate:
using the Basic Child Support Obligation Table, locate the Basic Child Support Obligation by
determining the dollar figure corresponding to that parent's gross income and the number of
qualified other children. Multiply that dollar figure by 75 % and reduce the parent's gross
income by that number.
3. Add each parent’s adjusted income together to arrive at the combined adjusted income amount.
4. Go to the Child Support Obligation Table and locate the dollar figure which corresponds with the
combined adjusted income amount and the number of children for whom support is being determined.
5. Divide the combined adjusted income into each parent's adjusted gross income to calculate each
parent's pro rata share of the child support. The pro rata share is expressed as a percentage.
Multiply each parent’s pro rata percentage by the Basic Child Support Obligation amount to
determine each parent’s child support responsibility. When required, from this point forward, pro rate
the expenses between the parties using those same pro rata percentages.
6. If there are health insurance premiums and/or work related child care costs, insert these costs on
Schedule D. These costs are added together and pro rated between the parties. If either parent is already
paying these costs, credit the parent who is paying or will pay the expense. The prorated Basic Child
Support Obligation, after the adjustments for health insurance and work related child care costs, results
in the Presumptive Amount of Child Support.
7. If there are no deviations, the noncustodial parent owes the custodial parent the Presumptive
Amount of Child Support, which is the total of his or her pro rata share of the Basic Child Support
Obligation and the mandatory additional expenses of health insurance and work related child care costs.
8. If there are deviations, the Presumptive Amount of Child Support may be deviated upward or
downward, if applicable, and the calculations are entered on Schedule E. Any deviated amount from the
Presumptive Amount of Child Support must be supported by the court’s written findings or a jury’s
special interrogatory findings. The findings of fact shall state the reasons for the deviation; the amount
of child support that would have been required if the Presumptive Amount of Child Support had not been
rebutted; and both of the following: (1) the application of the Presumptive Amount of Child Support
would be unjust or inappropriate considering the relative ability of each parent to pay; and (2) how the
best interest of the child for whom support is being determined will be served by deviating from the
Presumptive Amount of Child Support.
. Specific Deviations: The court or jury may deviate from the Presumptive Amount of Child
Support by applying specific deviations set forth in the Guidelines.
• On a case by case basis, if the parties prove extraordinary educational expenses, extraordinary
medical expenses and/or special expenses incurred for child rearing, these expenses are to be pro
rated between the parties. Where special expenses exist, the amount of special expenses must
exceed a 7% of the Basic Child Support Obligation threshold. Additional special expenses over
the threshold can be considered, if appropriate.
• If a noncustodial parent’s gross income is at or below $1850 per month, consider whether a low
income deviation would be appropriate. To calculate whether the noncustodial parent’s
Presumptive Amount of Child Support may be adjusted by ensuring that the noncustodial parent
has a self support reserve ($900 per month):
a) Subtract $900 from the noncustodial parent’s adjusted income.
b) If the resulting amount is less than the noncustodial parent’s pro rata responsibility of the
Presumptive Amount of Child Support, then the Presumptive Amount may be deviated.
c) However, the calculation will not be complete until the court or jury considers the financial
impact that a reduction in the amount of child support paid to the custodial parent would have
on the custodial parent’s household. No award shall impair the ability of the custodial parent
to maintain minimally adequate housing, food, clothing and other basic necessities for the child.
• Other specific deviations include upward deviations for high income, and deviations for parenting
time, travel expenses for visitation, dental, vision or life insurance, child and dependent tax care
credit, permanency of foster care plan, payment of alimony or a mortgage or shelter provided to
custodial parent.
. Nonspecific Deviations: However, the court may also deviate for any other reason when
appropriate if in the best interest of the child.
9. After adjusting the Presumptive Amount of Child Support for any potential deviations, the
resulting dollar amount equals the Final Child Support Order amount. This amount will be entered on
the Child Support Worksheet.
10. At the bottom of the Worksheet, specify the percentage of the allocation of uninsured health care
expenses between the parents, either pro rata or as otherwise specified by the court. These expenses are
not a part of the support awarded or part of the calculation but indicated here for future reference when
the uninsured health care expenses come due.
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*Please note that the basic steps listed above are only just that, the basic steps. For more thorough details regarding each of the steps and provisions found within the child support guidelines, please review O.C.G.A. §19-6-15.
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Access the Electronic Worksheet created to assist in calculating child support, which will provide both
consistent calculations and forms. You can find the electronic worksheet at:
http://ocse.dhr.georgia.gov/portal/site/DHR-OCSE/ (the Office of Child Support Services
Constituent Portal) or
http://www.georgiacourts.org/childsupp.html (the Child Support Commission Website)
For useful Family Law forms see: http://www.fultoncourt.org/family/forms.php
From the web site of The American Academy of Matrimonial Lawyers: CHILDREN'S BILL OF RIGHTS
WHEN PARENTS ARE NOT TOGETHER
Every kid has rights, particularly when mom and dad are splitting up. Below are some things parents shouldn't forget -- and kids shouldn't let them -- when the family is in the midst of a break-up.
You have the right to love both your parents. You also have the right to be loved by both of them. That means you shouldn't feel guilty about wanting to see your dad or your mom at any time. It's important for you to have both parents in your life, particularly during difficult times such as a break-up of your parents.
You do not have to choose one parent over the other. If you have an opinion about which parent you want to live with, let it be known. But nobody can force you to make that choice. If your parents can't work it out, a judge may make the decision for them.
You're entitled to all the feelings you're having. Don't be embarrassed by what you're feeling. It is scary when your parents break up, and you're allowed to be scared. Or angry. Or sad. Or whatever.
You have the right to be in a safe environment. This means that nobody is allowed to put you in danger, either physically or emotionally. If one of your parents is hurting you, tell someone -- either your other parent or a trusted adult like a teacher.
You don't belong in the middle of your parents' break-up. Sometimes your parents may get so caught up in their own problems that they forget that you're just a kid, and that you can't handle their adult worries. If they start putting you in the middle of their dispute, remind them that it's their fight, not yours.
Grandparents, aunts, uncles and cousins are still part of your life. Even if you're living with one parent, you can still see relatives on your other parent's side. You'll always be a part of their lives, even if your parents aren't together anymore.
You have the right to be a child. Kids shouldn't worry about adult problems. Concentrate on your school work, your friends, activities, etc. Your mom and dad just need your love. They can handle the rest.
IT IS NOT YOUR FAULT AND DON'T BLAME YOURSELF.
----Special Concerns of Children Committee, March, 1998
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