Posted On: February 22, 2013

My ex-spouse makes more than I do - Do I have to pay child support?

In 2007, Georgia changed the child support guidelines. The old guidelines used a percentage of the payor's income. The new guidelines use an income sharing approach that takes into consideration the income of both parents. OCGA §19-6-15.

The first step in any Georgia child support calculation is to “[d]etermine the monthly gross income of both the custodial parent and noncustodial parent.” OCGA §19-6-15(b)(1). Many other factors go into determining child support, but this factor is generally most important in determining the amount of support. If the custodial parent makes more than the noncustodial parent, that will simply reduce the percentage of the total child support number owed by the noncustodial parent/payor.

The child support calculation can be complicated and confusing, especially for a person who is unfamiliar with how the calculator works. If you have an issue of child support, whether in a divorce, modification, or otherwise, you should have a consultation with a family law attorney to review these issues in greater detail, even if you plan on representing yourself.

By Patrick L. Meriwether, Partner, Meriwether & Tharp, LLC