Navigating child support during a divorce can be complex — especially when one parent’s true income is unclear. In Georgia, the concept of “imputed income” often becomes central to ensuring children receive the support they deserve. At Hobson & Hobson, P.C., we leverage decades of experience, advanced technology, and a client-focused approach to guide families through these challenging situations with clarity and confidence.

What Does Imputed Income Mean in Georgia Child Support?

Imputed income refers to the amount of income a court assigns to a parent for child support purposes, regardless of their actual earnings. This legal tool is used when a parent is voluntarily unemployed, underemployed, or not providing reliable proof of their income. The goal is to prevent parents from evading their financial responsibilities to their children by hiding or minimizing their income.

Georgia’s child support guidelines, governed by Georgia Code § 19-6-15, empower courts to impute income based on a thorough, individualized assessment of each parent’s circumstances. Since 2018, courts no longer apply a fixed minimum wage standard; instead, they use a multi-factor test to determine the appropriate imputed income.

When and Why Do Georgia Courts Impute Income?

Courts may decide to impute income in several scenarios:

Voluntary Unemployment or Underemployment: If a parent is capable of working but chooses not to, or works below their skill level to reduce support obligations.
Lack of Documentation: When a parent fails to provide reliable financial records such as tax returns or pay stubs.
Dishonesty or Concealment: If there is evidence that a parent is hiding income or assets.

The court’s primary concern is the best interests of the child. Imputing income ensures that support calculations reflect what a parent could reasonably earn, not just what they report.

How Do Georgia Courts Determine Imputed Income?

Georgia courts must conduct a fact-specific inquiry, considering a range of factors:

Parent’s assets and residence
Employment history and job skills
Education, literacy, age, and health
Criminal record or other employment barriers
Efforts to seek work (job applications, interviews)
Local job market conditions and prevailing wages
Availability of employers in the area

For example, if a parent with a history as an IT professional is working part-time in retail, the court may impute income based on what they could earn in their trained field, considering the local demand for IT professionals.

Special Note: For incarcerated parents, courts cannot simply assume pre-incarceration earning capacity. Instead, they must consider actual assets and income available during incarceration.

Common Scenarios for Imputing Income

Unemployed Parent: Capable of working but not seeking employment.
Underemployed Parent: Working in a position far below their qualifications to lower support payments.
Non-Disclosure: Refusing to provide financial records, which may result in the court increasing the child support obligation by at least 10% per year since the last order.

Legal Standards and Recent Developments

Georgia’s approach to imputed income is rooted in fairness and accuracy. Since the 2018 legislative update, courts must justify imputed income decisions with specific findings, moving away from blanket minimum wage assumptions. This individualized assessment ensures that each case is evaluated on its unique facts.

Child support arrearages based on imputed income cannot be forgiven, emphasizing the importance of transparency and compliance from the outset.

For more on Georgia’s child support guidelines, see the Georgia Child Support Commission.

How to Get a Judge to Impute Income

If you believe the other parent is intentionally minimizing their income, you’ll need to present compelling evidence to the court. This may include:

Proof of qualifications and work history: Demonstrating the parent’s earning potential.
Evidence of job opportunities: Showing available positions in the parent’s field.
Records of lifestyle and assets: Indicating income sources beyond reported earnings.

Conversely, if you are at risk of having income imputed to you, it’s crucial to document your job search efforts and provide complete financial records.

Practical Tips for Clients

Be Transparent: Always provide accurate and complete financial documentation.
Document Your Job Search: If unemployed, keep records of applications and interviews.
Understand Local Wages: Courts will consider prevailing wages for your skills in your area.
Consult an Attorney: Legal guidance is essential to protect your interests and avoid unfair imputation.

“Imputed income is not a punishment, but a tool to ensure children receive adequate support. Courts look at the totality of circumstances, so honesty and transparency are always in your best interest.” — Georgia Family Law Expert

How Hobson & Hobson Can Help

At Hobson & Hobson, P.C., we combine over 30 years of experience with innovative legal strategies to protect your parental rights and financial future. Our approach balances empathy with assertive advocacy, ensuring your interests — and those of your children — are always at the forefront.

Our Services Include:

Expert Case Evaluation: We assess your unique situation to anticipate if and how income might be imputed.
Strategic Representation: Our attorneys gather and present evidence to support your actual income or challenge unfair imputation.
Negotiation and Mediation: We strive for amicable resolutions but are prepared to litigate aggressively when necessary.
Modification Assistance: If circumstances change, we guide you through the process of modifying child support orders.
Client Education: We ensure you understand your rights, obligations, and the factors courts will consider.

Our five convenient office locations across Atlanta, Canton, Marietta, Alpharetta, Milton, and Roswell make it easy to access our services. We offer initial consultations to discuss your case and provide clear, actionable advice.

Learn more about our approach at thehobsonlawfirm.com.

FAQ: Imputed Income Child Support in Georgia

What does imputed income mean in a divorce case? Imputed income is income the court assigns to a parent for child support purposes, regardless of actual earnings, often used when a parent is unemployed, underemployed, or hiding income.

How do courts decide to impute income? Courts consider factors like employment history, education, job skills, local job market, and efforts to find work. They must make individualized findings for each case.

Can imputed income be challenged? Yes. With strong evidence — such as medical records, proof of job search, or documentation of barriers to employment — you can challenge an unfair imputation.

What happens if a parent refuses to provide financial records? The court may impute income or increase the child support obligation by at least 10% per year since the last order.

Are child support arrearages based on imputed income forgivable? No. Georgia law does not allow for forgiveness of arrearages based on imputed income.

Additional Resources

At Hobson & Hobson, P.C., we are committed to providing clear, innovative, and client-focused legal solutions for families across Atlanta and North Georgia. If you have questions about imputed income child support or need guidance through your divorce, contact us today for a consultation. thehobsonlawfirm.com

Sarah Hobson

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.