Tuesday, July 24, 2012

Parenting Time Deviations in the Age of Income Shares

     One hundred thousand years ago, Keyrock fell into a crevasse only to be unfrozen near the end of the 20th century by the warm brotherly embrace of the legal profession.
     More recently, in 2007, the State of Georgia transitioned into the "income shares" model for calculation of child support, and even old curmudgeons like the Unfrozen Caveman Lawyer needed to catch up with the times and stop thinking like they were still calculating support as if it were just based purely on a percentage of income.
     One of the key points of this concept is that the percentage of time that a parent has the child in his custody DOES NOT MATTER in determining deviations from the basic child support obligation
UNLESS,
     (1)the parents share TRUE Joint Physical Custody
          (which means 50/50 time split between the parents)
OR
     (2) the court orders (or a jury finds by special interrogatory) that special circumstances exist due to the extended parenting time of one of the parents that justify the deviation.
O.C.G.A. 19-6-15(i)(2)(K).

Of course, in condition (2), it is important to remember that the "best interests of the child" is the standard by which the deviation is justified, and not the "best interests of the parent to have a round number to remember when s/he writes a check".

WHAT THIS MEANS IS:  the amount of time spent with the child DOES NOT allow a deviation UNLESS it is 50/50, or if you have EXPENSES associated with the excessive parenting time.  The expenses cannot be assumed or you know what happens????  (click HERE to find out)

Don't believe some faceless name on the internet?  Good for You!!  There is a lot of crap out there.
Listen instead to the Georgia Court of Appeals:  (read that fine print!)
          Thus, the current child support guidelines are premised on a rebuttable presumption that each parent should contribute to the financial support of their child in the same proportion as that parent's income relates to the sum of the parents' incomes, without regard to the amount of time the child spends with each parent. The guidelines permit the court or the jury to deviate from the presumptive amount, but only when the child resides with both parents equally or when special circumstances exist and such a deviation serves the best interest of the child

Well, I'm behind Keyrock, in that I am just a guy who knows how to read the English language.
If you want legal advice, go talk to a licensed Georgia attorney.  (a link to your website could be here!)



3 comments:

  1. Damn that text enhance leachery. I may have to create more links just to block out theirs. Grrrrrr.

    ReplyDelete
  2. Article is priceless...plan to share w/the lunch crowd & the sheriff (to be explained later). The SNL clip...perfect! Maybe I can stop with my Dear God emails one day ;)

    ReplyDelete