[GA] Can parents determine child support in an uncontested divorce?

Lexi, Chatbot

I understand that filing for an uncontested divorce can be a challenging process. Have you and your spouse already agreed on the terms of the divorce?

Lexi, Chatbot

What state are you filing for divorce in, as laws can vary significantly?

Lexi, Chatbot

Is there anything else the Family Lawyer should know before I connect you? Rest assured they’ll be able to help with your uncontested divorce.

Queeneth E. Esq

Hello and welcome. My name is Queeneth. I am an attorney with over 8 years of legal experience. I will do my best to assist you today. First, I need to ask you a few questions to give you the best answer. (Kindly note that our conversation does not establish an attorney-client relationship.)

Queeneth E. Esq

How long have you been married for?

Queeneth E. Esq

Thank you for the feedback. Please allow me some time to prepare a response. I will get back to you shortly.

Queeneth E. Esq

Thank you for your patience. Use a child support deviation. Georgia courts presume the child support calculator amount is correct, but they allow for deviations if both parties agree to it, and the court finds it is in the best interest of the child. Since you’ve paid consistently for 6 years, shared custody 50/50 and have a voluntary agreement to continue this amount, you can request a downward deviation from the standard amount.

In your settlement agreement and child support addendum, include:

“The parties agree that the amount of child support to be paid by (your name) shall be $____ per month. This is a downward deviation from the presumptive amount calculated by the Georgia Child Support Worksheet. The parties have shared physical custody of the child(ren), and the paying party has consistently paid this amount for the past six years. The parties believe this amount is fair and in the best interest of the child(ren), and request the court approve the deviation accordingly.”

The judge must sign off that the deviation is justified and in the child’s best interest.

Attach child support worksheets (required). Even if deviating, you must still complete the Georgia Child Support Worksheet, show the presumptive amount and then explain and justify the deviation in the Child Support Addendum.

You can use the Georgia online calculator.

File all at once with the uncontested package. When filing your uncontested divorce, include:

• Settlement Agreement (including agreed support)
• Child Support Worksheet + Addendum
• Parenting Plan (showing 50/50 shared custody)

The judge will review and can approve a lower amount if it meets the standard of fairness and child welfare.

Is there anything else you would like me to explain or any additional information you need? Feel free to ask.

Queeneth E. Esq

You're close with your math. The presumptive final amount under Georgia child support guidelines is calculated after credits, like:

• Parenting time
• Health insurance
• Work-related childcare
• Other deviations

If the presumptive amount is $1,000, and you’ve agreed to pay $300, then the deviation is $700 downward.

In your Child Support Addendum, it should read something like:
“The presumptive amount of child support payable by the father is $1,000 per month. The parties agree to a downward deviation of $700 per month, resulting in a final support amount of $300. This deviation is based on the history of voluntary payment over the last six years, the parties’ shared custody arrangement, and is in the best interest of the child.”

You need a settlement agreement since you are filing an uncontested divorce and have agreed on all terms. You must submit a written Settlement Agreement that includes all of the following:

• Child support terms (and justification for deviation)
• Custody and parenting time plan
• Property division (even if minimal)
• Waiver or agreement on alimony (if applicable)

You can revise the existing Settlement Agreement or attach a short Addendum that references and modifies the support terms.

In Georgia, deviations are categorized under O.C.G.A. S.19-6-15(i) as either parenting time deviation, non-specific deviation (used when there’s no single statutory reason but an overall fairness argument), or other statutory deviations, such as for extraordinary expenses, income, or health needs.

Use both parenting time deviation (for shared 50/50 custody) and non-specific deviation (for the long history of agreement and consistent voluntary payments). That will strengthen the justification.

When filing for the uncontested divorce in Georgia, your packet should include:

• Settlement Agreement (with deviation language included)
• Parenting Plan (showing shared physical custody)
• Child Support Worksheet (from the official calculator)
• Child Support Addendum (explaining and justifying deviation)
• Divorce Petition and Final Judgment forms
• Acknowledgments or waivers (as required in your county)

Anything else you would like me to explain or any additional information you need? Feel free to ask.