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January 26, 2026

Significant Changes Made to Georgia’s Child Support Laws Effective January 1, 2026….

Georgia Senate Bill 454 substantially revised our child support statute (O.C.G.A. 19-6-15) as of January 1, 2026.  Before the statute was amended the Court had discretion to take into consideration the amount of parenting time that each parent has when establishing a new or modified child support obligation.  The law now requires parenting time to be considered which results in a child support adjustment.

In 2007 our child support statute was turned upside down.  Georgia law was revised so that the income of both parents was taken into consideration.   Previously the income of only the noncustodial parent was considered.   The “noncustodial parent” is the parent that has the lesser amount of parenting time.   The 2007 revision also required that the cost of health insurance for the children and the cost of work-related childcare be taken into consideration in setting the child support amount.  Child support calculations also started being done through a program established by economists that are supposedly much smarter than I am.

Let’s do a hypothetical scenario and I will attempt to simplify the terminology as we go through it.  I will leave out a lot of the details.  That’s hard for me.  I’ll do my best.

So, let’s assume there are two children.  Let’s assume that the Mother will have the children more than the Father thus making her the “custodial parent” for child support purposes.  Let’s assume that Mother has an annual gross income of $50,000 and that the Father has an annual gross income of $75,000.  Their total gross income is therefore $125,000.  In this hypothetical the Mother has 40% of the total income and the Father has 60% of the total income.

The first thing that must be determined is the “basic child support obligation”.  This is a formula that is established by the state legislature (and those economists).  Lawyers have nothing to do with this.  The judge has nothing to do with this.  It’s just the law.   Based upon the incomes in our hypothetical and the fact that the Mother has the children more, the Father will owe the Mother child support in the amount of $1179 per month.  High?  Low?  It is what it is.

The next thing is the “adjustments” that are reuqired to be made to the basic amount.   Let’s assume that the Mother spends $3000 per year on childcare.  This will cause the Father’s child support obligation to increase to $1379 per month.  This is because he is responsible for 60% of the childcare cost based on his share of the total income.   Let’s assume, however, that the Father pays $350 per month for the children’s health insurance premiums.  This will reduce his child support obligation from $1379 to $1239 per month because the Mother is responsible for 40% of the health insurance cost paid by the Father.

Now comes the revision that took effect on January 1, 2026.  How much parenting time does the Father have?  This is now very important for child support purposes.  A “standard visitation schedule” amounts to about 92 nights per year for the noncustodial parent and about 273 nights per year for the custodial parent.  So, let’s assume that the Father in our hypothetical has 92 nights per year.  Prior to January 1, 2026, there would be no adjustment in child support, but under the revised law the Father’s child support now drops by $122 per month to $1117 per month.

What if the dad has additional time during the summer and during school breaks bringing his annual parenting nights up to 125 nights per year?  Well, his child support obligation will decrease by $322 per month dropping his obligation down to $917 per month.

What if the Father has the children for 160 nights per year and the Mother has the children for 205 nights per year? The Father’s child support then decreases by $688 per month dropping his final obligation down to $726 per month.

So, in a nutshell this is the primary change in the child support statute as of January 1, 2026.  There are other changes such as allowing VA Disability benefits paid on behalf of a child to be credited toward the noncustodial parent’s child support obligation, but the primary amendment is the requirement that the Court consider parenting time.

There are numerous other factors that are still considered in the calculations.  A pre-existing child support obligation paid by the noncustodial parent is taken into consideration.  A “qualified child” living in a parent’s home that is not a child for which child support is being calculated is also taken into consideration provided that the child meets certain criteria.  Finally, the Court still has the authority to “deviate” from the final child support amount provided that the Court has a statutory basis for the deviation.

A complicated statute has just became more complicated.  Under the amended statute child support can’t be determined until after the noncustodial parent’s visitation is determined.  In the past I have been able to address pertaining to parenting time and I’ve been able to separately address issues pertaining to child support.  The two are now inextricably intertwined.

In summary, if you are having child support established OR if you are seeking to have child support modified…. hire a good lawyer.  Thousands of dollars are at stake.  Be smart.  Choose wisely.  We don’t represent the Father…. we don’t represent the Mother…. we represent the client.

December 1, 2024

Where will my case be filed?

A resident of Georgia must be a bona fide resident of Georgia for a period of six (6) months before Georgia can acquire jurisdiction to grant a divorce.  A nonresident may file for divorce against his or her spouse who lives in Georgia if the spouse has been a resident of Georgia for six (6) months prior to the filing.

The analysis can be much more complicated when a Georgia resident files for divorce against a nonresident spouse.  Georgia may have jurisdiction over some issues and not have jurisdiction over others.   For example, Georgia may have jurisdiction to grant a divorce, but might not have jurisdiction to determine custody and/or child support.

So, assuming that there are no parties that are nonresidents, where should the case be filed?  The filing party may file for divorce in the county of residence of the opposing party (there are special exceptions for individuals who are stationed at military bases in Georgia).  If the Wife is a resident of Henry County and desires to file for divorce against her Husband who lives in Spalding County then she must file her action in the Spalding County Superior Court. There is an important exception to this rule.

Using the previous example, if the Wife lives in Henry County and the marital residence was located in Henry County then the Wife has the option of filing either in Henry County or in Spalding County for a period of six months following the separation.  Once the six month window has expired she must file in Spalding County.

Yes, this is confusing and complicated.

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June 5, 2023

What is mediation and is it required?

In family law cases mediation is a process in which the parties and their attorneys informally meet to discuss the issues in the case with a mediator, who is often referred to as a “neutral”.   Typically, the mediation is “in person” occurring in a caucus, which means that the Parties remain in separate rooms throughout the process.  In some cases, mediation is done “virtually” over the web (Zoom, Skype etc.) and neither party is physically present for the session.   Mediation is an informal process.   You are not required to agree to ANYTHING at mediation.  Mediation is nothing like court.   The mediator is not a judge.  In fact, the mediator is not even required to be an attorney.

The goal of the mediation process is to reach either a partial or full agreement concerning the issues in a case.   If the Parties resolve their issues at mediation, then the judge is not required to hear evidence in the courtroom and the judge is not required to make a decision.  Of course, judges prefer this and they REQUIRE mediation in an effort to reduce their caseloads.  Cases resolved at mediation do not require the judge’s time.  One must keep in mind, however, that nobody can be required to agree to anything at mediation.   Each Party is required to participate in the process for an hour, and after the hour has passed either side may ask to leave the session.

The mediation rules and requirements are determined on a circuit-by-circuit basis (individual counties are typically grouped together into “circuits” with other counties).   The rules and procedures used at mediation may vary from one circuit to the next.   For example, mediations are not required in contempt cases in Fayette County, but mediations are required in contempt cases in Henry County.  Also, in Coweta County a party may typically obtain a temporary hearing prior to participating in mediation, but with very few exceptions mediation is required in Spalding County before any hearing is held.

Judges typically insist on mediation regardless of whether one or both attorneys feel that it will most likely be unproductive.  Mediations are not scheduled at the option of the attorneys.  Many attorneys would probably skip the process altogether if they could.

When a case is filed the Plaintiff’s lawyer cannot even begin efforts to schedule mediation through the Alternative Dispute Resolution office until 30 days after the Defendant has been served with the filing.  Keep in mind that even after the 30-day period it often takes several weeks to get mediation scheduled, and the  ADR office has almost complete control over the scheduling and cancellation of mediation sessions.  This is often frustrating for both the client and the attorney.

During a mediation session the mediator will start discussing the issues in the case with the party who filed the case (the Plaintiff), and he or she will attempt to obtain an initial settlement offer from the Plaintiff.  That proposal is then shared with the Defendant and his or her attorney in a separate room.   The Defendant then makes a counterproposal for consideration by the Plaintiff.  This process continues back-and-forth until a settlement is reached or until an impasse (stalemate) is declared by the mediator.  The case is free to go to court for the judge to decide the issues in the event that an impasse is declared.

Why is mediation required?    Well, not all attorneys communicate well with the opposing attorney about settling a case.  Mediation ensures that there has been some effort to discuss the issues between the attorneys and their clients.  It is also the best opportunity for the parties to determine the outcome of their case without court intervention, although cases are often settled after unsuccessful mediations.

Failing to settle a case and having a judge decide the outcome can lead to both parties being disappointed.  The parties know all of the issues because they have LIVED through those issues.  A judge will merely hear a summary of the issues over the course of a few hours (at most).  It’s just not possible for the judge to fully grasp everything during this short period of time.   Judges are human, and they sometimes forget and misunderstand things during the course of a trial.

Your attorney is required to have you fill out what it’s called a “Financial Affidavit” to be used at mediation. The Financial Affidavit will be addressed in a separate article on this website.   The Financial is essentially a statement made by the client under oath, meaning that the client swears that the content of the Financial Affidavit is complete and accurate. The Financial Affidavit discloses the income, assets, household expenses, and debts of each party.

The Financial Affidavit is used in court if mediation proves to be unsuccessful.  The judge will study and review the information on the Financial Affidavit when making his or her decision about your case.   So, when your attorney asks you to provide a complete and accurate Financial Affidavit, he or she is asking you to provide information that only YOU know.   Your cooperation is absolutely required.     Your attorney can assist you with preparation of your financial affidavit, but he or she cannot pull the figures out of the air for you.

For additional information about the ADR process in the 6th District ADR Program covering Henry, Fayette, Spalding Pike, Upson, Lamar, Butts ad Monroe Counties please visit:  The 6th District ADR Program (adr6th.org

For additional information about the ADR process in the Coweta Judicial Circuit please visit:  Coweta Judicial Circuit ADR Program – Georgia Office of Dispute Resolution (godr.org)