Would you suggest I proceed with an uncontested divorce or is child support mandatory?

Full question:

My husband wants to share custody of our children in attempts to avoid paying any child support. He also refuses to pay any expenses (unless he desires) during the separation. Would you suggest I proceed with an uncontested divorce or is child support mandatory whether we share custody or not?

  • Category: Divorce
  • Subcategory: Child Support
  • Date:
  • State: Georgia

Answer:

Georgia has enacted child support guidelines which establish the presumptively correct amount of support to be paid. Justification for the court's ordering deviation from the guidelines include such things as:

1. The ages of the children;
2. Educational costs;

3. A child's extraordinary medical costs;

4. Day-care costs;

5. Shared physical custody arrangements;

6. A party's support obligation to another household;

7. Income that should be attributed to a party because of that party's artificial suppression of income;

8. In-kind income for the self-employed;

9. Other support a party is willing to provide;

10. A party's own extraordinary expenses;

11. Extreme economic circumstances;

12. Historical spending in the family for children;

13. Cost of living factors; and,

14. Any other factor the court deems to be required by the ends of justice.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Several factors can prevent a father from obtaining joint custody. These include a history of domestic violence, substance abuse, or neglect. If the father poses a risk to the child's safety or well-being, the court may deny joint custody. Additionally, if the father has not been involved in the child's life or does not have a stable living environment, these factors can also influence the court's decision.