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Georgia
Forms new Child Support Commission
House
Bill 221 became law April 22, 2005. Overhauling Georgia’s
child support calculations. Effective January 1, 2007, the
new formula considers both parent’s income instead of
just the non-custodial parent’s, and allows for adjusting
child support according to the amount of time the child(ren)
are with each parent. The Commission to oversee it’s
administration held its first meeting June 1, 2005.
Next Meeting: Friday, February
15, 2008, 1pm, Capitol, Rm 125. Public invited.
Constitutional Challenges to Previous
Guideline
Click here and select
“Georgia Constituional Challenges.”
Georgia’s
Child Support Guidelines: No Economic Basis. Facts for a Constitutional
Challenge [PDF] State Bar of Georgia, Family
Law Section Newsletter, July/August 2000, pp. 14-23.
Stilll a useful paper for Wisconsin style states. Georgia’s
original child support guidelines – which increased
as a share of net income as income increased – conflicted
with all economic studies on child costs. It also conflicted
with the underlying study from Wisconsin upon which it is
based.
This results in large financial windfalls
to the custodial parent a significant portion of which is
the tax offsets given entirely to that parent, rather than
shared, although child costs are a joint statutory obligation.
Use of obligor-only percentages also means
that a presumptive award did not account for family income. For
low-income obligors, Georgia's presumptive awards push the
obligor below the poverty.
Testimony
before the 2001 Georgia Commission on Child Support
[PDF] by R. Mark Rogers, economist, June 1, 2001.
Highlights the origin of Georgia’s original child support
guideline, its lack of economic basis, flaws in the Income
Shares guideline that is used by 36 states, and the better
alternative, a cost sharing guideline. The
model is discussed extensively as the economically appropriate
methodology. |