Is Child Support Really Necessary in Atlanta?

If you’re approaching a divorce or breakup with children, you might be wondering whether child support is really necessary. After all, why should you have to hand over large sums of money to your ex simply because the relationship didn’t work out? In some cases, child support is not necessary. However, this depends on the unique circumstances of your situation. You may want to discuss these circumstances with an experienced child support attorney in Atlanta.

Is Child Support Ordered Automatically in a Divorce? 

No, the process of ordering child support is not “automatic” in Georgia. Instead, family courts carefully review the unique attributes of each case. These factors might include the assets and the income of both spouses. Courts might also consider the earning capacity of each spouse based on factors such as disabilities, injuries, and mental health challenges. Whether the party who would be paying child support is already retired or will be retiring soon may also affect this decision.

The Higher-Earning Spouse Generally Pays Child Support

If you earned more than your ex during the marriage or relationship, you’ll likely end up paying child support. This is because child support depends on “income disparities” between spouses. If your ex earned much less than you during the marriage, they may argue that they cannot maintain the child’s standard of living without financial assistance. Courts may agree, and they may order you to pay child support as a result.

Assets May Also Come Into the Equation

The court may also consider the assets held by both spouses. You might not earn more than your ex, but you could have a much higher net worth based on your assets. For example, your ex might earn $100,000 per year while you earn nothing. However, you may have inherited tens of millions – and your ex might be in debt. In this situation, you could end up paying child support – even with a lower income than your ex.

Child Support Depends on Custody

Regardless of income and assets, child support depends on custody outcomes. If one parent walks away with sole physical custody, there is no justification for them to pay child support – even if they earned more than their ex. This is because child support is meant to support those who face child-rearing expenses, and a parent with no custodial time does not incur these expenses.

Can a Child Support Attorney in Atlanta Help Me?

A family law attorney in Atlanta may be able to help if you’re wondering whether child support is necessary. While it’s true that child support isn’t always required, the outcome of your case depends entirely on your unique family situation. You might need to discuss factors like income and assets with your family law attorney in order to determine whether you’ll be making these payments. Contact Kaye, Lembeck, Hitt & French for more information.

Source:

 childsupport.georgia.gov/