|
04 LC 29 1380S
The House Committee on Special Judiciary offers the following substitute to HB 149:
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Code Section 19-6-15 of the Official Code of
Georgia Annotated, relating to computation of child support awards, so as to
revise the method of computing child support for persons who have support
obligations for other children in addition to the child or children for whom
support is being sought; to provide for related matters; to provide an effective
date; to provide for applicability; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Code Section 19-6-15 of the Official Code of Georgia
Annotated, relating to computation of child support awards, is amended by
striking subsections (b) and (c) and inserting in lieu thereof new subsections
(b) and (c) to read as
follows:
"(b) The child support award shall be computed as provided in this subsection:
(1) Computation of child support shall be based upon gross income;
(2) For the purpose of determining the obligor´s child support obligation, gross income shall include 100 percent of wage and salary income and other compensation for personal services, interest, dividends, net rental income, self-employment income, and all other income, except need-based public assistance;
(3) The earning capacity of an asset of a party available for child support may be used in determining gross income. The reasonable earning potential of an asset may be determined by multiplying its equity by a reasonable rate of interest. The amount generated by that calculation should be added to the obligor´s gross monthly income;
(4) Allowable expenses deducted to calculate self-employment income that personally benefit the obligor, or economic in-kind benefits received by an employed obligor, may be included in calculating the obligor´s gross monthly income; and
(5)(A) The amount of the obligor´s child support obligation shall be determined by multiplying the obligor´s gross income per pay period by a percentage based on the number of children for whom child support is being determined. The applicable percentages of gross income to be considered by the trier of fact are:
"(b) The child support award shall be computed as provided in this subsection:
(1) Computation of child support shall be based upon gross income;
(2) For the purpose of determining the obligor´s child support obligation, gross income shall include 100 percent of wage and salary income and other compensation for personal services, interest, dividends, net rental income, self-employment income, and all other income, except need-based public assistance;
(3) The earning capacity of an asset of a party available for child support may be used in determining gross income. The reasonable earning potential of an asset may be determined by multiplying its equity by a reasonable rate of interest. The amount generated by that calculation should be added to the obligor´s gross monthly income;
(4) Allowable expenses deducted to calculate self-employment income that personally benefit the obligor, or economic in-kind benefits received by an employed obligor, may be included in calculating the obligor´s gross monthly income; and
(5)(A) The amount of the obligor´s child support obligation shall be determined by multiplying the obligor´s gross income per pay period by a percentage based on the number of children for whom child support is being determined. The applicable percentages of gross income to be considered by the trier of fact are:
|
Number of
Children
|
Percentage Range of Gross
Income
|
|
1
|
17 percent to 23 percent
|
|
2
|
23 percent to 28 percent
|
|
3
|
25 percent to 32 percent
|
|
4
|
29 percent to 35 percent
|
|
5 or more
|
31 percent to 37 percent
|
(B) If an obligor has other support obligations to other
children, such obligations shall be a part of the presumptive calculation. The
presumptive calculation shall include other children only if the obligor can
show proof that he or she is the parent of such children and is providing
support for such children. Stepchildren shall not be included within such
calculation. When the obligor is supporting other children in addition to the
child or children for which child support is being determined, the presumptive
award shall be calculated by determining the total number of children who are
dependent on the obligor, applying the guidelines percentage range to the total
number of children dependent on the obligor, multiplying the percentage by the
obligor´s
gross income, and dividing the product by the total number of children dependent
on the obligor to determine the per child obligation. The per child amount
shall then be multiplied by the number of children for whom child support is
being sought in the instant case.
(C) Application of these guidelines shall create a rebuttable presumption that the amount of the support awarded is the correct amount of support to be awarded. A written finding or specific finding on the record for the award of child support that the application of the guidelines would be unjust or inappropriate in a particular case shall be sufficient to rebut the presumption in that case. Findings that rebut said presumption must state the amount of support that would have been required under the guidelines and include justification of why the order varies from the guidelines. These guidelines are intended by the General Assembly to be guidelines only and any court so applying these guidelines shall not abrogate its responsibility in making the final determination of child support based on the evidence presented to it at the time of trial.
(c) The trier of fact shall vary the final award of child support, up or down, from the range enumerated in paragraph (5) of subsection (b) of this Code section upon a written finding that the presence of one or more of the following special circumstances makes the presumptive amount of support either excessive or inadequate:
(1) Ages of the children;
(2) A child´s extraordinary medical costs or needs in addition to accident and sickness insurance, provided that all such costs or needs shall be considered if no insurance is available;
(3) Educational costs;
(4) Day-care costs;
(5) Shared physical custody arrangements, including extended visitation;
(6) A
party´s
other support obligations to another
household;
(7)(6)
Income that should be imputed to a party because of suppression of
income;
(8)(7) In-kind income
for the self-employed, such as reimbursed meals or a company
car;
(9)(8) Other support a
party is providing or will be providing, such as payment of a
mortgage;
(10)(9) A
party´s
own extraordinary needs, such as medical
expenses;
(11)(10) Extreme
economic circumstances including but not limited
to:
(A) Unusually high debt structure; or
(B) Unusually high income of either party or both parties, which shall be construed as individual gross income of over $75,000.00 per annum;
(12)(11) Historical
spending in the family for children which varies significantly from the
percentage table;
(13)(12)
Considerations of the economic cost-of-living factors of the community of each
party, as determined by the trier of
fact;
(14)(13) In-kind
contribution of either
parent;
(15)(14) The income of
the custodial parent;
(16)(15)
The cost of accident and sickness insurance coverage for dependent children
included in the order;
(17)(16)
Extraordinary travel expenses to exercise visitation or shared physical custody;
and
(18)(17) Any other factor
which the trier of fact deems to be required by the ends of
justice."
(C) Application of these guidelines shall create a rebuttable presumption that the amount of the support awarded is the correct amount of support to be awarded. A written finding or specific finding on the record for the award of child support that the application of the guidelines would be unjust or inappropriate in a particular case shall be sufficient to rebut the presumption in that case. Findings that rebut said presumption must state the amount of support that would have been required under the guidelines and include justification of why the order varies from the guidelines. These guidelines are intended by the General Assembly to be guidelines only and any court so applying these guidelines shall not abrogate its responsibility in making the final determination of child support based on the evidence presented to it at the time of trial.
(c) The trier of fact shall vary the final award of child support, up or down, from the range enumerated in paragraph (5) of subsection (b) of this Code section upon a written finding that the presence of one or more of the following special circumstances makes the presumptive amount of support either excessive or inadequate:
(1) Ages of the children;
(2) A child´s extraordinary medical costs or needs in addition to accident and sickness insurance, provided that all such costs or needs shall be considered if no insurance is available;
(3) Educational costs;
(4) Day-care costs;
(5) Shared physical custody arrangements, including extended visitation;
(A) Unusually high debt structure; or
(B) Unusually high income of either party or both parties, which shall be construed as individual gross income of over $75,000.00 per annum;
SECTION 2.
All laws and parts of laws in conflict with this Act are
repealed.