Many divorcing couples in Georgia want to know if they have to pay child support even if they have joint custody. The quick answer is yes. Even if you have joint custody, you may still have to pay child support in Georgia. While joint custody arrangements can impact child support obligations, having shared parenting time doesn’t automatically negate the need for support payments. However, there are exceptions, and the amount of child support you may pay will vary based on numerous factors.
How Does Joint Custody Affect Child Support?
There are two types of custody in Georgia: legal and physical. Legal custody refers to the right to make major decisions about a child’s upbringing, like education, healthcare, and religious training. Physical custody is about where the child lives and spends their time.
So, how does this custody setup affect child support? In Georgia, both parents must legally support their children, regardless of the custody arrangement financially. The state uses an “income shares” model to calculate child support, which ensures that kids receive the same level of financial support they would if their parents were still together. The calculation considers each parent’s gross income, certain expenses like health insurance and work-related childcare, and the amount of parenting time each parent has.
Critically, even if you have a 50/50 timeshare with your ex, the higher-earning parent will likely still owe some child support to the other. Georgia’s child support formula includes a “parenting time deviation” that can reduce – but not eliminate – the support obligation for a parent who spends significant time with the kids. The logic is that the higher-earning parent presumably spends more on the children during their parenting time, so some of that spending offsets what they would otherwise pay in support to the other parent.
Understandably, the idea of paying child support despite having joint custody may seem unfair, especially to the higher-earning parent. After all, you’re already spending money to care for your kids during your time with them – why should you have to pay even more to your ex? The reasoning is that child support is meant to equalize the financial resources available to the children in each household. The goal is for the kids to enjoy a similar standard of living with each parent, rather than living a life of plenty in one home and scarcity in the other.
It’s also worth noting that child support isn’t intended to be a dollar-for-dollar reimbursement for what either parent spends on the kids. It’s a contribution to the overall expenses of raising children, which persist even when they’re not in your care—things like housing, utilities, clothing, and food. Of course, some child-related costs, like school fees or uninsured medical expenses, are often shared between the parents separately from the regular support payment.
An Experienced Atlanta Child Support Lawyer Can Help
If you’re going through a divorce or child custody case in Georgia, navigating child support can be complex and emotionally charged. The stakes are high, and it’s easy for conflicts to arise between parents. That’s why it’s so important to have an experienced child support attorney on your side. A skilled Atlanta child support lawyer can help ensure the child support calculations accurately reflect your financial situation and parenting time. They can also assist with modifying support orders down the road if your circumstances change.
Two key Georgia laws to be aware of are:
1) O.C.G.A. § 19-6-15, which lays out the state’s child support guidelines and the factors considered in setting support amounts. This includes the details of the parenting time deviation.
2) O.C.G.A. § 19-6-15(j), which states that “a parent’s willful or voluntary unemployment or underemployment shall not be considered as a basis for deviation from the presumptive amount of child support.” In other words, a parent can’t avoid paying support by intentionally reducing their income.
The bottom line is that while joint physical custody can affect child support obligations in Georgia, it doesn’t negate them entirely. The higher-earning parent will likely still owe some support, though the amount may be adjusted downward to account for their increased costs during parenting time. It’s a complicated issue, both legally and emotionally. Having a knowledgeable Atlanta child support attorney to guide you is essential to ensure a fair outcome for you and your children.
Contact Our Atlanta Family Law Firm Today
While haggling over finances with an ex is never fun, child support is ultimately about making sure your kids are cared for. The shock and pain of divorce are tough on everyone, but they’re especially hard on children. By providing the financial stability they need—in both households—you can help them weather this challenging time and thrive in the long run.
At Hobson & Hobson, our child support law firm can help you weather the storm and move into a brighter future. Contact Hobson & Hobson today at (770) 284-6153 or fill out our confidential contact form to schedule a consultation.
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.
