Cumming Child Support Attorney
Gwinnett County, Georgia Child Support Legal Counsel
The state of Georgia requires that parents provide adequate financial support for their minor children. A parent cannot waive child support on behalf of a child. Georgia changed to the “Income Share Model” of child support in 2007. Previously, child support was determined solely based on the non-custodial parent’s income and how many children were the subject of the order; most courts awarded 20% of the non-custodial parent’s income as child support, though the amount could be from 17% to 23%. The new model uses a worksheet to take a number of factors into account when awarding child support. This process is understandably complicated, so the assistance of an experienced Cumming family lawyer is important to ensure the best outcome for you and your child.
Who Can Collect Child Support?
Georgia allows any custodial parent or caretaker to seek child support from a parent who should be financially contributing to the child’s care. If you are seeking child support, an application can be filed either online or in person with the Georgia Department of Human Resources, Division of Child Support Services. Once the application is completed, Child Support Services will help you start with initial child support payments or seek back payments. A parent may also seek child support by hiring a family law attorney and pursuing a private lawsuit against the other parent. Child support is paid until the child reaches 18, dies, marries or is emancipated.
How Is Child Support Calculated In Georgia?
The current guidelines for calculating child support take into account not just the non-custodial parent’s income, but the gross income of both parents. The court will consider overtime, capital gains income, social security income, commissions, income from rental properties, and any other forms of income pre-tax when determining total income. There is a common misconception that receiving social security or unemployment means that you do not have to make child support payments, but this is not true.
The total income for each parent is then inputted into the worksheet along with the number of children receiving support to calculate the presumptive child support amount. Determined by the state legislature, this is the amount that the state believes is necessary to support the involved children on a monthly basis. The financial obligationk of each parent is then calculated based on their individual income and what percentage of the overall parental income their income makes up.
Additional Factors in Calculating Child Support
The Income Share Model takes into account a number of other expenses related to raising a child when determining child support. Much of the time, a primary factor is the cost of childcare. In the previous model, the custodial parent was responsible for all childcare costs. Now, childcare expenses are also divided based on the pro rata share of support costs mentioned above. Payment of insurance premiums, extraordinary medical expenses, or extraordinary educational expenses may also be split in the same fashion.
Deviations from Child Support Calculations
The court may decide to deviate from the child support worksheet if it is in the child’s best interest to do so. A parenting time deviation is one of the most common. This may be added to the worksheet if the parent paying support has a significant amount of parenting time. Standard visitation gives approximately 20% of parenting time to the non-custodial parent, so the court may rearrange the split of financial obligations if the division of parenting time deviates from the norm. Mortgage, alimony, travel expenses and insurance costs are also all examples of expenses that could impact how closely the court hews to the guidelines provided by the worksheet. The court’s ultimate duty is to make decisions that are in the best interest of the child.
If you have custody of a minor child, you are entitled to receive financial support from the child’s other parent. Georgia’s income share model allows the state to calculate what is necessary to support a child for the month and appropriately divide that amount between both parents, taking into account overall resources, income, and expenses. You will most likely want to consult an experienced family law attorney in Cumming, Georgia when you are seeking child support. A lawyer familiar with Georgia child support cases will be able to help you navigate these complicated laws.
Can A Lawyer Help Reduce Child Support?
A family law attorney can help parents with child support issues, including establishing, enforcing, and changing child support payments. If either parent experiences a significant increase or decrease in their financially situation, the child support agreement can be officially modified to reflect the new circumstances.
For more information, or to schedule a free consultation, call us today at (678) 257-4507. We have years of experience and can help you get what you need for your child.
5-Star Reviews
READ WHAT OUR CLIENTS ARE SAYING ABOUT US
-
Attorney Epps and his paralegal, Elicia, worked wonders for me! It was a really scary time, and they both reassured me and got the best result I could have hoped for for my case.- Lucie F.
-
I don’t even know where to start when it comes to Kyle Epps. I walked into his office 3 years ago and the charges I had called for prison time. He gave me an outline on what to do, and of course, I said I’ll do this and this but not that. He pushed me hard and gave me every tool I needed to stay free. Three years later I went to court and walked out just about a free man. Not only didn’t his way work in the courtroom but it’s changed my life in every single way you could imagine. He was very stern, but he totally knew what he was talking about. His plan is 100%, it’s just a person has to do the footwork. He’s very professional and his team is on top of everything so you don’t slip through the crack. I am so grateful for meeting this man, I would not be the person I am today clean and sober if I didn’t walk into that office 3 years ago.- Anthony C.
-
Kyle and Elicia were beyond fantastic! I never dreamed like most people that I would be faced with being told I want a divorce, especially after 15 years years. But they were there to make the process as easy as possible and as civil as possible and keep the kids 1st. I eventually made it through still sane all thanks to Kyle and his team. I can't say enough great things and another HUGE plus is they were beyond reasonable cost-wise! They will be my go-to for any other needs in the future.- Amy B.
-
After researching for several days, I spoke to several attorneys and, The Epps Law Group was my final choice to represent me for my Simple-Battery case. Before I hired this team, I spoke to Attorney Kyle Epps directly, which made a big difference. He outlined a plan for me and said, “if you stick to the plan I give you, you will be ok”. As vague as that response was, I trusted him. This was the best decision I made.
From the moment I began working with their team, I spoke to one of their Paralegals, Elicia Davis, assigned to my case. I cannot express how knowledgeable, non-judgmental and helpful Elicia was with navigating me through my case. It was my first time dealing with the Forsyth County courts and legal system and I had gone through an emotional rollercoaster for the first couple of months. Elicia checked in constantly throughout the early stages and did everything she could to comfort my anxiety and stick to Attorney Kyle Epps’ plan.
As promised, I stuck to the plan 100% and I received news that my case was dropped, I no longer needed to go to court and I only need to address a fine and attend classes. I strongly believe that Attorney Epps’ work experience in the Forsyth courts, relationships with the prosecutors, and background as a police officer in Forsyth County gives his clients an advantage. He is well respected and is more than familiar with the process. His plan works and I honestly believe I would not have had the same outcome if I did not have The Epps Law Group on my side.- Earl A. -
Kyle did his job well for me. I was struck with a DUI last year. Knowing nothing about this I hired Kyle, due to his extensive background in law enforcement and the knowledge he provided. He laid out everything about the case during our free consultation, and it made sense. He saved my license by calling for an ALS hearing and got my charge knocked down to reckless driving. I would never have been able to do that myself, especially with an already busy schedule. Good work, Kyle, and thanks again!- Dylan P.
-
Kyle was amazing to work with! He highly exceeded my expectations and was very friendly and helpful. I have had other family members work with him and he has been overly helpful and an amazing experience to work with!!- Molly P.
-
Kyle did a great job on my daughter’s case, and we are very thankful. Things would have been much different had we not had him as our attorney. Communicating with his office is so easy. They have a client portal that you can log into to see appointments, documents, and messages. Elicia, his paralegal, is a pleasure to deal with as well. Highly recommend Kyle.- Diane K.
-
Kyle helped me with a family law matter and also with having a stolen car returned. He exceeded my expectations at every point. He was always available, thoughtful, knowledgeable, courteous and matter of fact. From the beginning, I always felt he had my back. If any of my friends, family, or acquaintances ever need an attorney, I will recommend Kyle.- Paul P.
With a background as a police officer, prosecutor, and Judge Pro Tem, The Epps Law Group can provide you or your loved one with detailed and trusted representation. Our attorney has been involved in the criminal justice system for more than 30 years. Put our experience on your side.
Why Choose Us?
See What Sets Us Apart
-
Dedicated TeamSkillful legal counsel that carefully and meticulously examines all aspects of the case for critical information.
-
Unquestioned IntegrityA reputation of treating judges and prosecutors with honesty allowing him to be taken seriously when it could matter the most.
-
Former Police OfficerThe knowledge that comes from a former police officer to serve clients needing accomplished criminal defense representation.
-
30 Years of ExperienceOver 30 years of legal experience as a prosecutor and Judge Pro Tem, we can use insights from that experience to help you.