Atlanta Divorce Attorney Blog

Under the Georgia Child Support Guidelines, expenses for a child’s health insurance premiums are included in the child support calculation. OCGA §19-6-15(h). The total health insurance premium is prorated between the parents based upon their respective incomes on the child support worksheets. The health insurance premium gets added as an adjustment to the basic child support obligation as an “additional expense” on the Child Support Worksheets. OCGA 19-6-15(h)(2)(A). The total premium is then divided pro rata between the parents and the end result is that the payor gets credit toward his/her child support obligation for the amount paid. Thus, the child support obligation is lowered by the amount of the premium for which the other parent is responsible.

For example, if the father makes $40,000 per year and the mother makes $60,000 per year, and the health insurance premium is $100/month, the father will be responsible for $40 and the mother will be responsible for $60. If the father is the child support payor and he is the one paying the premiums, his child support obligation will be lowered by $60/month, which is the amount of the health insurance premium for which the mother is responsible.

The Georgia Supreme Court issued an order today in Pineres v. George, S08A0773, which has several implications for Georgia law. First, it held that a trial judge has no authority in a contempt proceeding to modify the obligations imposed by a divorce decree. Second, the Georgia Supreme Court held that medical expenses constitute a form a child support.

Of note in this case, the modification being sought was in regards to the psychological expenses for the minor child and there had previously been a petition for modification of child support made less than two years ago. Because Georgia law prohibits a modification of child support less than two years after an order on a previous modification petition by the same spouse, it upheld an awarded of frivolous litigation fees under O.C.G.A. § 9-15-14 against the spouse that was now seeking to modify the amount of medical expenses that they had to pay.