Child Support Attorney in Johns Creek & North Atlanta
Georgia calculates child support using a statewide formula based on both parents’ gross incomes. At Tannen Law Group, we help parents in Johns Creek, Alpharetta, Milton, Cumming, Roswell, Suwanee, Duluth, and the surrounding Fulton, Gwinnett, and Forsyth Counties obtain fair child support orders, enforce existing orders, and modify support when circumstances change.
Find Out What Child Support Should Be in Your Case
Attorney David Tannen has calculated and negotiated child support in hundreds of Georgia cases since 2002. We know how to use deviations to protect your family’s needs.
Free 30-minute consultation. No obligation. We respond within 2 hours during business hours.
Child Support in the Atlanta Area: Quick Facts
- Formula: Georgia uses a statewide income-shares model that combines both parents' gross incomes to determine the basic child support obligation.
- Adjustments: Health insurance premiums, work-related childcare, extraordinary medical expenses, and extraordinary educational expenses are added to the basic obligation and split proportionally.
- Deviation factors: Courts may deviate from the presumptive amount based on parenting time, high or low parental income, travel costs, the child's special needs, and other documented factors.
- Duration: Typically until the child turns 18, or 20 if still enrolled full-time in secondary school and living with the custodial parent.
- Enforcement tools: Wage garnishment, tax refund intercept, license suspension, and jail time through contempt proceedings.
- Interest on arrears: Unpaid child support accrues interest at 7 percent annually.
- Modification standard: Material change in circumstances. See child support modifications.
- Attorney fees: Established as part of a divorce engagement (uncontested or contested); standalone child support matters quoted during the consultation.
How Does Georgia Calculate Child Support?
Georgia’s child support calculation follows a specific statutory process. Understanding how it works helps parents know what to expect and where the negotiation points exist.
Step 1
Determine each parent's gross income. Gross income includes salary, wages, commissions, bonuses, self-employment income, rental income, investment returns, retirement benefits, Social Security, and virtually any other source of income. The court imputes income to voluntarily unemployed or underemployed parents based on their education, work history, and earning capacity.
Step 2
Combine the parents' incomes and apply the schedule. The combined adjusted gross income is applied to a statutory table that produces the basic child support obligation. Each parent's share is proportional to their percentage of the combined income.
Step 3
Add adjustments. Adjustments are added for health insurance premiums paid for the child, work-related childcare costs, extraordinary medical expenses, and extraordinary educational expenses.
Step 4
Account for parenting time. Georgia's income-shares model accounts for parenting time arrangements. A schedule that gives the non-custodial parent significant parenting time may produce a different support figure than a standard schedule.
Step 5
Apply deviations if warranted. Georgia law allows the court to deviate from the calculated amount for specific reasons, including high or low parental income, travel expenses for visitation, the child's special needs, and other factors. Deviations must be justified in writing.
Income Disputes and Self-Employment
For salaried W-2 employees, the income calculation is generally straightforward. For self-employed parents, business owners, parents with commission-based compensation, and parents with variable income, the calculation becomes more complex.
Documenting the right income figure is critical. Bank records, tax returns, business financials, and lifestyle evidence all contribute to determining actual income versus reported income. Courts impute income to parents who voluntarily suppress earnings to avoid support obligations.
Attorney Kevin Markes brings his former criminal trial background to contested child support cases involving self-employment, business ownership, and hidden compensation. Methodical documentation and careful cross-examination drive these outcomes.
Get an Accurate Child Support Calculation
Georgia uses a statewide formula, but the final number depends on income documentation, adjustments, and deviations. We will run the calculation for your specific situation.
(470) 560-7798 | Schedule online
No obligation. You will leave with a clear number, not a guess.
Child Support Enforcement
When a parent fails to pay court-ordered child support, Georgia provides aggressive enforcement mechanisms.
Income deduction orders (wage garnishment) direct the paying parent’s employer to withhold support from their paycheck before they receive it. This is the most common and effective enforcement method.
Tax refund intercept allows the state to seize federal and state tax refunds to satisfy child support arrears.
License suspension applies to driver’s licenses, professional licenses, and recreational licenses. Georgia courts can suspend these licenses for child support noncompliance, creating practical pressure to pay.
Contempt of court proceedings can result in fines and jail time for willful nonpayment. A parent who has the ability to pay but chooses not to can be sentenced to jail for civil contempt, with the option to purge by making payment.
Interest on arrears accrues at 7 percent annually. Back support continues to compound until paid in full.
Attorney Kevin Markes has successfully recovered over $40,000 in unpaid child support in a single contempt proceeding by documenting the paying parent’s hidden income and presenting evidence of willful noncompliance to the court.
Child Support Modifications
Life circumstances change, and support orders may need adjustment. Child support modifications allow parents to request changes when there is a material change in circumstances, including significant income changes (job loss, raise, retirement), changes in custody or parenting time, and changes in the child’s needs.
Modifications are not automatic and must be approved by the court. The most common threshold is when the new calculated amount differs from the current order by at least 15 percent.
One critical rule: you cannot stop paying child support while a modification petition is pending. The existing order remains in effect until the new order is entered. Back child support continues to accrue interest at 7 percent annually.
Why Families Choose Tannen Law Group for Child Support
Attorney David Tannen has practiced family law since 2002 and has handled child support cases in Fulton, Gwinnett, and Forsyth County Superior Courts, including cases involving complex compensation, business ownership, and enforcement.
Attorney Kevin Markes brings his former criminal trial background to contested support cases involving self-employed parents, hidden income, and enforcement proceedings.
Director of Client Relations Melissa Barker manages client communication throughout child support matters. Whether a case takes weeks (uncontested calculation) or months (contested modification), consistent communication is part of effective representation.
Frequently Asked Questions
How is child support calculated in Georgia?
Georgia uses an income-shares model. Both parents’ gross incomes are combined, and the basic child support obligation is determined from a statutory table. The non-custodial parent’s share is proportional to their percentage of the combined income. Adjustments are added for health insurance, childcare, and extraordinary expenses. Courts can deviate from the calculated amount for specific reasons.
How long does child support last in Georgia?
Child support in Georgia continues until the child turns 18, or until age 20 if the child is still enrolled full-time in secondary school and living with the custodial parent. Support ends earlier if the child marries, enlists in the military, becomes emancipated, or dies. College expenses are not included in Georgia child support unless the parents agree in writing.
Can child support be modified in Georgia?
Yes. Either parent can petition to modify child support based on a material change in circumstances, including significant income changes, changes in custody or parenting time, changes in the child’s needs, or retirement. The court recalculates using current income and guidelines. See child support modifications for details.
What happens if my ex will not pay child support?
Georgia provides multiple enforcement tools: wage garnishment, tax refund intercept, license suspension, passport denial for substantial arrears, and contempt proceedings that can include jail time. Back support accrues 7 percent annual interest. You can pursue enforcement through the Division of Child Support Services or through a private attorney. Call (470) 560-7798 to discuss which approach fits your situation.
Can child support be waived in Georgia?
No. Child support is the child’s right, not the parent’s. Georgia courts will not approve a settlement agreement that waives child support entirely. Parents can agree to an amount that deviates from the guidelines, but the deviation must be justified in writing and approved by the court as being in the child’s best interests.
Does child support cover college expenses in Georgia?
Not automatically. Georgia law does not require parents to pay for college through child support. However, parents can agree to share college costs as part of their divorce settlement agreement. If such an agreement exists, it is enforceable. Without an agreement, neither parent has a legal obligation to fund higher education.
What if I lose my job? Can I stop paying child support?
No. You cannot unilaterally stop paying child support. If you lose your job, you must file a modification petition immediately. Until the court modifies the order, the existing amount continues to accrue and arrears accumulate interest at 7 percent annually. The court will evaluate whether the job loss was voluntary or involuntary and may impute income based on your earning capacity if the loss appears strategic.
My ex is self-employed. How do we calculate their income for support?
Self-employment income calculation involves examining tax returns, business financials, bank records, and lifestyle evidence. Courts can look through business deductions, personal expenses run through the company, and artificial income suppression. Discovery in contested cases produces the documentation needed to establish actual income. Call (470) 560-7798 to discuss what evidence supports your case.
Our attorneys are here to provide clear answers. Contact us for a confidential consultation about your child support case.
Our attorneys are here to provide clear answers. Contact us for a confidential consultation about your child support case.
Get Your Child Support Right
Whether you need to establish child support, enforce an existing order, or modify support based on changed circumstances, Tannen Law Group provides clear guidance and effective advocacy.
Call or text (470) 560-7798
Tannen Law Group | 6455 East Johns Crossing, Suite 425 | Johns Creek, Georgia 30097
Your Free Consultation Includes:
- A child support calculation based on your actual income and expenses.
- Whether deviations apply that could increase or decrease the amount.
- How to handle income disputes if your spouse is self-employed or hiding earnings.
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Not ready to call? Read: Child Support Modifications