HB 72 - Child support; revise method of calculation
Georgia House of Representatives - 1995/1996 Sessions
HB 72 - Child support; revise method of calculation
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8/ 9/ 10/ 11/ 12/ 13
1. Randall 127th 2. Campbell 42nd 3. Canty 52nd
House Comm: SJudy / Senate Comm: Judy /
House Vote: Yeas 175 Nays 10 Senate Vote: Yeas 51 Nays 1
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House Action Senate
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1/9/95 Read 1st Time 2/22/95
1/10/95 Read 2nd Time 3/13/95
2/2/95 Favorably Reported 3/13/95
Committee Amend/Sub Sub
2/21/95 Read 3rd Time 3/15/95
2/21/95 Passed/Adopted 3/15/95
FSFA Comm/Floor Amend/Sub CSFA
3/15* Amend/Sub Agreed To 3/15*
3/31/95 Sent to Governor
4/18/95 Signed by Governor
326 Act/Veto Number
4/18/95 Effective Date
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Rules Suspended to Introduce
House Agrees to Senate Substitute as Amended by House
Senate Agrees to House Amendment to Senate Substitute
Code Sections amended: 19-5-12, 19-6-15, 19-6-34, 19-11-9.2,
HB 72 95 HB 72/AP
H. B. No. 72 (AS PASSED HOUSE AND SENATE)
By: Representatives Randall of the 127th, Campbell of the
42nd and Canty of the 52nd
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Title 19 of the Official Code of Georgia Annotated,
1- 2 relating to domestic relations, so as to revise the form and
1- 3 contents of the final judgment and decree of divorce with
1- 4 regard to child support; so as to provide for access to and
1- 5 sharing of information from the state support registry; to
1- 6 provide for the purposes for which such information may be
1- 7 used; to provide for a written finding of the gross income
1- 8 of each parent and the presence or absence of special
1- 9 circumstances in the final verdict or decree awarding child
1-10 support; to require a special interrogatory relating to
1-11 gross income and special circumstances from a jury returning
1-12 a verdict regarding child support; to provide for a written
1-13 statement regarding gross income and special circumstances
1-14 in agreements of the parties; to require the trier of fact
1-15 to vary the child support award from the guidelines upon a
1-16 finding that enumerated special circumstances make the
1-17 presumptive amount of support either excessive or
1-18 inadequate; to provide that special circumstances shall
1-19 include extraordinary medical costs in addition to accident
1-20 and sickness or all medical costs if no insurance is
1-21 available, unusually high income of either or both parties,
1-22 and extraordinary travel expenses to exercise visitation or
1-23 shared physical custody; to provide editorial changes; to
1-24 provide for an intention to encourage judges to require
1-25 mediation in contested divorce cases; to authorize an order
1-26 for child support to require insurance for the benefit of a
1-27 minor child on the life of either or both parents; to
1-28 provide that premiums for such insurance be reviewed for
1-29 reasonableness and counted as a part of child support; to
1-30 provide that the maintenance of such insurance and the
1-31 availability of the proceeds of such insurance shall not be
1-32 required for a child's benefit after a child reaches the age
1-33 of majority; to provide for effective dates; to provide for
1-34 exceptions; to repeal conflicting laws; and for other
1-35 purposes.
1-36 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
H. B. No. 72
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HB 72/AP
SECTION 1.
2- 1 Title 19 of the Official Code of Georgia Annotated, relating
2- 2 to domestic relations, is amended by striking in its
2- 3 entirety Code Section 19-5-12, relating to the form of final
2- 4 judgment and decree of divorce, and inserting in lieu
2- 5 thereof the following:
2- 6 "19-5-12. (Index)
2- 7 A final judgment of divorce shall be prepared so as to
2- 8 conform to the pleadings and the evidence and may restore
2- 9 a maiden or prior name, if requested. It shall be prepared
2-10 in form substantially as follows:
2-11 FINAL JUDGMENT AND DECREE
2-12 Upon consideration of this case, upon evidence submitted
2-13 as provided by law, it is the judgment of the court that
2-14 a total divorce be granted, that is to say, a divorce a
2-15 vinculo matrimonii, between the parties to the above
2-16 stated case upon legal principles.
2-17 It is considered, ordered, and decreed by the court that
2-18 the marriage contract heretofore entered into between
2-19 the parties to this case, from and after this date, be
2-20 and is set aside and dissolved as fully and effectually
2-21 as if no such contract had ever been made or entered
2-22 into.
2-23 Petitioner and Respondent in the future shall be held
2-24 and considered as separate and distinct persons
2-25 altogether unconnected by any nuptial union or civil
2-26 contract whatsoever and both shall have the right to
2-27 remarry.
2-28 (Where applicable, add the following.)
2-29 The court restores to (Petitioner/Respondent) his/her
2-30 prior or maiden name, to wit: .
2-31 The court awards custody of the children of the parties
2-32 as follows: .
2-33 The court fixes alimony and support as follows:
2-34 In determining child support, the court finds as
2-35 follows:
2-36 The gross income of the father is __________ dollars
2-37 monthly.
2-38 The gross income of the mother is __________ dollars
H. B. No. 72
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HB 72/AP
3- 1 monthly.
3- 2 In this case child support is being determined for
3- 3 __________ children.
3- 4 The applicable percentage of gross income to be
3- 5 considered is
3- 6 Number of
3- 7 Children Percentage Range of Gross Income
3- 8 1 17 percent to 23 percent
3- 9 2 23 percent to 28 percent
3-10 3 25 percent to 32 percent
3-11 4 29 percent to 35 percent
3-12 5 or more 31 percent to 37 percent
3-13 Thus, ____ percent of __________ (gross income of
3-14 obligor) equals ______ dollars per month.
3-15 The court has considered the existence of special
3-16 circumstances and has found the following special
3-17 circumstances marked with an 'X' to be present in this
3-18 case:
3-19 _____ 1. Ages of the children
3-20 _____ 2. A child's extraordinary medical costs or needs
3-21 in addition to accident and sickness insurance,
3-22 provided that all such costs or needs shall be
3-23 considered if no insurance is available
3-24 _____ 3. Educational costs
3-25 _____ 4. Day-care costs
3-26 _____ 5. Shared physical custody arrangements, including
3-27 extended visitation
3-28 _____ 6. A party's other support obligations to another
3-29 household
3-30 _____ 7. Income that should be imputed to a party
3-31 because of suppression of income
3-32 _____ 8. In-kind income for the self-employed, such as
3-33 reimbursed meals or a company car
3-34 _____ 9. Other support a party is providing or will be
3-35 providing, such as payment of a mortgage
3-36 _____ 10. A party's own extraordinary needs, such as
3-37 medical expenses
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HB 72/AP
4- 1 _____ 11. Extreme economic circumstances including but
4- 2 not limited to:
4- 3 _____ (A) Unusually high debt structure; or
4- 4 _____ (B) Unusually high income of either party or
4- 5 both parties, which shall be construed as
4- 6 individual gross income of over $75,000.00 per
4- 7 annum
4- 8 _____ 12. Historical spending in the family for children
4- 9 which varies significantly from the percentage
4-10 table
4-11 _____ 13. Considerations of the economic cost-of-living
4-12 factors of the community of each party, as
4-13 determined by the trier of fact
4-14 _____ 14. In-kind contribution of either parent
4-15 _____ 15. The income of the custodial parent
4-16 _____ 16. The cost of accident and sickness insurance
4-17 coverage for dependent children included in the
4-18 order
4-19 _____ 17. Extraordinary travel expenses to exercise
4-20 visitation or shared physical custody
4-21 _____ 18. Any other factor which the trier of fact deems
4-22 to be required by the ends of justice, as
4-23 described below:
4-24 Having found that no special circumstances exist, or
4-25 special circumstances numbered ________ exist (delete
4-26 the phrase which does not apply), the final award of
4-27 child support which ___________ shall pay to __________
4-28 for support of the child or children is __________
4-29 dollars per week/month/other period (delete those which
4-30 do not apply and insert as necessary) per child,
4-31 beginning on the ____ day of __________, 19__ and
4-32 payable thereafter on the ____ day of __________ until
4-33 the child becomes 18 years of age, dies, marries, or
4-34 otherwise becomes emancipated, except that if the child
4-35 becomes 18 years of age while enrolled in and attending
4-36 secondary school on a full-time basis, then such support
4-37 shall continue until the child completes secondary
4-38 school, provided that such support shall not be required
4-39 after the child attains 20 years of age. __________ is
4-40 ordered to provide accident and sickness insurance for
4-41 the child or children for so long as he or she is
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HB 72/AP
5- 1 obligated by this order to provide support (insert name
5- 2 of party or delete this sentence if the order does not
5- 3 include provision for insurance). (Where applicable,
5- 4 the court shall also include in the order the provisions
5- 5 of Code Section 19-6-30 concerning continuing
5- 6 garnishment for support and language in compliance with
5- 7 Code Section 19-6-32 concerning income deduction
5- 8 orders.)
5- 9 Decree and order entered this ____ day of ____________,
5-10 19__.
_____________________
Judge, Superior Court"
SECTION 2.
5-11 Said title is further amended by striking in its entirety
5-12 Code Section 19-6-15, relating to the computation of child
5-13 support awards in the final verdict or decree, and inserting
5-14 in its place a new Code Section 19-6-15 to read as follows:
5-15 "19-6-15. (Index)
5-16 (a) In the final verdict or decree, the trier of fact
5-17 shall specify in what amount and from which party the
5-18 minor children are entitled to permanent support. The
5-19 final verdict or decree shall further specify as required
5-20 by Code Section 19-5-12 in what manner, how often, to
5-21 whom, and until when the support shall be paid. The final
5-22 verdict or decree shall further include a written finding
5-23 of the gross income of the father and the mother and the
5-24 presence or absence of special circumstances in accordance
5-25 with subsection (c) of this Code section. The trier of
5-26 fact must also determine whether the accident and sickness
5-27 insurance for the child or the children involved is
5-28 reasonably available at reasonable costs through
5-29 employment-related employment related or other group
5-30 health insurance policies to an obligor. For purposes of
5-31 this Code section, accident and sickness coverage shall be
5-32 deemed available if the obligor has access to any policy
5-33 of insurance authorized under Title 33 through an employer
5-34 or other group health insurance plan. If the accident and
5-35 sickness insurance is deemed available at reasonable cost,
5-36 the court shall order the obligor to obtain the coverage;
5-37 provided, however, if the obligee has accident and
5-38 sickness insurance for the child or children reasonably
5-39 available at reasonable costs through employment-related
5-40 employment related or other group health insurance
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HB 72/AP
6- 1 policies, then the court may order that the child or
6- 2 children be covered under such insurance and the obligor
6- 3 contribute as part of the child support order such part of
6- 4 the cost of providing such insurance or such part of any
6- 5 medical expenses incurred on behalf of the child or
6- 6 children not covered by such insurance as the court may
6- 7 deem equitable or appropriate. If currently unavailable or
6- 8 unreasonable in cost, the court shall order the obligor to
6- 9 obtain coverage when it becomes available at a reasonable
6-10 cost, unless such insurance is provided by the obligee as
6-11 provided in this subsection. When support is awarded, the
6-12 party who is required to pay the support shall not be
6-13 liable to third persons for necessaries furnished to the
6-14 children embraced in the verdict or decree. In any
6-15 contested case, the parties shall submit to the court
6-16 their proposed findings regarding the gross income of the
6-17 father and the mother and the presence or absence of
6-18 special circumstances. In any case in which child support
6-19 is determined by a jury, the court shall charge the
6-20 provisions of this Code section but and the jury shall notsimilar to
6-22 the form of the order contained in Code Section 19-5-12
6-23 regarding the gross income of the father and the mother
6-24 and the presence or absence of special circumstances.
6-25 Furthermore, nothing contained within this Code section
6-26 shall prevent the parties from entering into an
6-27 enforceable agreement to the contrary which may be made
6-28 the order of the court pursuant to the review by the court
6-29 of child support amounts contained in this Code section;
6-30 provided, however, any such agreement of the parties shall
6-31 include a written statement regarding the gross income of
6-32 the father and the mother and the presence or absence of
6-33 special circumstances in accordance with subsection (c) of
6-34 this Code section.
6-35 (b) The child support award shall be computed as provided
6-36 in this subsection:
6-37 (1) Computation of child support shall be based upon
6-38 gross income;
6-39 (2) For the purpose of determining the obligor's child
6-40 support obligation, gross income shall include 100
6-41 percent of wage and salary income and other compensation
6-42 for personal services, interest, dividends, net rental
6-43 income, self-employment income, and all other income,
6-44 except need-based public assistance;
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HB 72/AP
7- 1 (3) The earning capacity of an asset of a party
7- 2 available for child support may be used in determining
7- 3 gross income. The reasonable earning potential of an
7- 4 asset may be determined by multiplying its equity by a
7- 5 reasonable rate of interest. The amount generated by
7- 6 that calculation should be added to the obligor's gross
7- 7 monthly income;
7- 8 (4) Allowable expenses deducted to calculate
7- 9 self-employment income that personally benefit the
7-10 obligor, or economic in-kind benefits received by an
7-11 employed obligor, may be included in calculating the
7-12 obligor's gross monthly income; and
7-13 (5) The amount of the obligor's child support obligation
7-14 shall be determined by multiplying the obligor's gross
7-15 income per pay period by a percentage based on the
7-16 number of children for whom child support is being
7-17 determined. The applicable percentages of gross income
7-18 to be considered by the trier of fact are:
7-19 Number of
7-20 Children Percentage Range of Gross Income
7-21 1 17 percent to 23 percent
7-22 2 23 percent to 28 percent
7-23 3 25 percent to 32 percent
7-24 4 29 percent to 35 percent
7-25 5 or more 31 percent to 37 percent
7-26 Application of these guidelines shall create a rebuttable
7-27 presumption that the amount of the support awarded is the
7-28 correct amount of support to be awarded. A written
7-29 finding or specific finding on the record for the award of
7-30 child support that the application of the guidelines would
7-31 be unjust or inappropriate in a particular case shall be
7-32 sufficient to rebut the presumption in that case.
7-33 Findings that rebut said presumption must state the amount
7-34 of support that would have been required under the
7-35 guidelines and include justification of why the order
7-36 varies from the guidelines. These guidelines are intended
7-37 by the General Assembly to be guidelines only and any
7-38 court so applying these guidelines shall not abrogate its
7-39 responsibility in making the final determination of child
7-40 support based on the evidence presented to it at the time
7-41 of trial.
7-42 (c) The trier of fact may shall vary the final award of
7-43 child support, up or down, outside from the range
7-44 enumerated in paragraph (5) of subsection (b) of this Code
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8- 1 section upon a written finding of that the presence of one
8- 2 or more of the following special circumstances makes the
8- 3 presumptive amount of support either excessive or
8- 4 inadequate. The special circumstances may be any factor
8- 5 which the trier of fact deems to be required by the ends
8- 6 of justice. Some of the factors which may warrant such
8- 7 variations include, but are not limited to:
8- 8 (1) Ages of the children;
8- 9 (2) A child's extraordinary medical costs or
8-10 extraordinary needs in addition to accident and sickness
8-11 insurance, provided that all such costs or needs shall
8-12 be considered if no insurance is available;
8-13 (3) Educational costs;
8-14 (4) Day-care costs;
8-15 (5) Shared physical custody arrangements, including
8-16 extended visitation;
8-17 (6) A party's other support obligations to another
8-18 household;
8-19 (7) Income that should be imputed to a party because of
8-20 suppression of income;
8-21 (8) In-kind income for the self-employed, such as
8-22 reimbursed meals or a company car;
8-23 (9) Other support a party is providing or will be
8-24 providing, such as payment of a mortgage;
8-25 (10) A party's own extraordinary needs, such as medical
8-26 expenses;
8-27 (11) Extreme economic circumstances (for example,
8-28 including but not limited to:
8-29 (A) unusually Unusually high debt structure; o
8-30 (B) unusually Unusually high income of either part
8-31 both parties, which shall be construed as individual
8-32 gross income of over $75,000.00 per annum);
8-33 (12) Historical spending in the family for children
8-34 which varies significantly from the percentage table;
8-35 (13) Considerations of the economic cost-of-living
8-36 factors of the community of each party, as determined by
8-37 the trier of fact;
8-38 (14) In-kind contribution of either parent;
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9- 1 (15) The income of the custodial parent; and
9- 2 (16) The cost of accident and sickness insurance
9- 3 coverage for dependent children included in the order;
9- 4 (17) Extraordinary travel expenses to exercise
9- 5 visitation or shared physical custody; and
9- 6 (18) Any other factor which the trier of fact deems to
9- 7 be required by the ends of justice.
9- 8 (d) The guidelines shall be reviewed by a commission
9- 9 appointed by the Governor to ensure that their application
9-10 results in the determination of appropriate child support
9-11 award amounts. The commission will complete its review
9-12 and submit its report within four years following July 1,
9-13 1989, and shall continue such reviews every four years
9-14 thereafter. Nothing contained in such report shall be
9-15 considered to authorize or require a change in the
9-16 guidelines without action by the General Assembly having
9-17 the force and effect of law. The commission shall also
9-18 submit a report to the House Judiciary Committee and
9-19 Senate Special Judiciary Committee during the 1991 regular
9-20 session of the General Assembly. This report shall
9-21 provide information which will allow these committees to
9-22 review the effectiveness of the guidelines and, if
9-23 necessary, revise these guidelines.
9-24 (e) The duty to provide support for a minor child shall
9-25 continue until the child reaches the age of majority,
9-26 dies, marries, or becomes emancipated, whichever first
9-27 occurs; provided, however, that, in any temporary or final
9-28 order for child support with respect to any proceeding for
9-29 divorce, separate maintenance, legitimacy, or paternity
9-30 entered on or after July 1, 1992, the trier of fact, in
9-31 the exercise of sound discretion, may direct either or
9-32 both parents to provide financial assistance to a child
9-33 who has not previously married or become emancipated, who
9-34 is enrolled in and attending a secondary school, and who
9-35 has attained the age of majority before completing his or
9-36 her secondary school education, provided that such
9-37 financial assistance shall not be required after a child
9-38 attains 20 years of age. The provisions for support
9-39 provided in this subsection may be enforced by either
9-40 parent or the child for whose benefit the support is
9-41 ordered.
9-42 (f) The provisions of subsection (e) of this Code section
9-43 shall be applicable only to a temporary order or final
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10- 1 decree for divorce, separate maintenance, legitimation, or
10- 2 paternity entered on or after July 1, 1992, and the same
10- 3 shall be applicable to an action for modification of a
10- 4 decree entered in such an action entered on or after July
10- 5 1, 1992, only upon a showing of a significant change of
10- 6 material circumstances."
SECTION 3.
10- 7 Said title is further amended by inserting a new Code
10- 8 section to be designated Code Section 19-6-34 to read as
10- 9 follows:
10-10 "19-6-34. (Index)
10-11 (a) In any case before the court involving child support,
10-12 the court may include in the order of support provision
10-13 for life insurance on the life of either parent or the
10-14 lives of both parents for the benefit of the minor
10-15 children. The court may order either parent or both
10-16 parents to obtain and maintain the life insurance.
10-17 (b) The amount of the premium for such life insurance
10-18 shall be counted as a part of the support ordered pursuant
10-19 to the provisions of Code Section 19-6-15, provided that
10-20 the court shall review the amount of the premium for
10-21 reasonableness in the circumstances of the child, the
10-22 parent ordered to pay support, and the other parent.
10-23 (c) Except as provided in subsection (d) of this Code
10-24 section, an order for child support shall not require
10-25 maintenance of life insurance for a child's benefit after
10-26 the child reaches the age of majority and shall not
10-27 require that the proceeds of life insurance be available
10-28 for the benefit of a child after the child reaches the age
10-29 of majority.
10-30 (d) The trier of fact, in the exercise of sound
10-31 discretion, may direct either or both parents to maintain
10-32 life insurance for the benefit of a child who has not
10-33 previously married or become emancipated, who is enrolled
10-34 in and attending a secondary school, and who has attained
10-35 the age of majority before completing his or her secondary
10-36 school education, provided that maintenance of such life
10-37 insurance for the benefit of the child shall not be
10-38 required after a child attains 20 years of age.
10-39 (e) Nothing in this Code section shall prevent parents
10-40 from entering into an agreement for the provision of life
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11- 1 insurance that differs from or exceeds the terms of this
11- 2 Code section."
SECTION 4.
11- 3 It is the intention of Sections 1 and 2 of this Act to
11- 4 encourage judges in divorce cases to require all couples
11- 5 involved in contested divorces to go to mediation to attempt
11- 6 a mutually agreeable settlement.
SECTION 4.1.
11- 7 Said title is further amended striking Code Section
11- 8 19-11-9.2, relating to the duty of employers to report the
11- 9 hiring or rehiring of persons to the state support registry,
11-10 in its entirety and inserting in lieu thereof a new Code
11-11 Section 19-11-9.2 to read as follows:
11-12 "19-11-9.2. (Index)
11-13 (a) Effective July 1, 1993, employers doing business with
11-14 seven or more employees in the State of Georgia shall
11-15 report to the Georgia state support registry within the
11-16 Department of Human Resources:
11-17 (1) The hiring of any person who resides or works in
11-18 this state to whom the employer anticipates paying
11-19 earnings; and
11-20 (2) The hiring or return to work of any employee who was
11-21 laid off, furloughed, separated, granted leave without
11-22 pay, or terminated from employment.
11-23 (b) Employers are not required to report the hiring of any
11-24 person who:
11-25 (1) Will be employed sporadically so that the employee
11-26 will be paid for less than 350 hours during a continuous
11-27 four-month period; or
11-28 (2) Will have gross earnings of less than $300.00 in
11-29 every month.
11-30 (c) Employers may report by mailing the employee's copy of
11-31 the W-4 form or other means authorized by the registry
11-32 which will result in timely reporting. Employers shall
11-33 submit reports within five ten days of the hiring,
11-34 rehiring, or return to work of the employee. The report
11-35 shall contain:
11-36 (1) The employee's name, address, social security
11-37 number, and date of birth; and
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12- 1 (2) The employer's name, address, and employment
12- 2 security number or unified business identifier number.
12- 3 An employer who fails to report as required under this
12- 4 Code section shall be given a written warning.
12- 5 (d) Except that access to information shall be made
12- 6 available as provided in subsections (f), (g), and (h) of
12- 7 this Code section, the The registry shall retain the
12- 8 information for a particular employee only if the registry
12- 9 is responsible for establishing, enforcing, or collecting
12-10 a support obligation or debt of the employee. If the
12-11 employee does not owe such an obligation or a debt, the
12-12 registry shall not create a record regarding the employee
12-13 and the information contained in the notice shall be
12-14 promptly destroyed.
12-15 (e) The department in cooperation with any other affected
12-16 department may adopt rules to establish additional
12-17 exemptions from this Code section if needed to reduce
12-18 unnecessary or burdensome reporting. The department shall
12-19 report to the Governor and the General Assembly on the
12-20 effectiveness of this Code section no later than November
12-21 1, 1994.
12-22 (f) The department shall be entitled to have access to
12-23 this employment registry for the limited purposes of
12-24 determining eligibility for needs based programs provided
12-25 by the department, including, but not limited to, the Aid
12-26 to Families with Dependent Children program and the food
12-27 stamp program.
12-28 (g) The Department of Labor shall be entitled to have
12-29 access to this employment registry for the limited purpose
12-30 of determining the employment status of persons applying
12-31 for or receiving unemployment compensation benefits and
12-32 for the collection of delinquent unemployment
12-33 contributions and overpayment of unemployment benefits.
12-34 (h) The Department of Administrative Services shall
12-35 administer this registry and shall provide computer access
12-36 to the authorized users. The Department of Administrative
12-37 Services shall be authorized to apportion the costs of the
12-38 registry between the users.
12-39 (f)(i) This Code section shall be repealed in its entirety
12-40 effective May 1, 1995 1997."
SECTION 4.2.
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13- 1 Section 4.1 of this Act shall become effective upon the
13- 2 approval of this Act by the Governor or upon its becoming
13- 3 law without such approval.
SECTION 5.
13- 4 All laws and parts of laws in conflict with this Act are
13- 5 repealed.
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