Georgia’s child support law changed in early 2026 and it has a big impact for many parents who are paying or receiving child support.
In Georgia, very simply speaking, child support is calculated using an “income shares” model, that is, a formula based on both parents’ combined gross incomes. From the combined income of the parents, the State calculates the amount of child support the non-custodial parent should pay. From this support, the custodial parent is generally required to pay all expenses for the children, except as otherwise outlined in the court order.
Prior to the change in the law, parenting time (aka visitation schedule) was rarely considered when calculating child support. So, even in situations where a parent had substantial parenting time, or even joint custody, that parent may pay child support without regard to the fact that they also cared for the child and paid certain expenses during their parenting time.
Under the updated law, parenting time is no longer an optional deviation in the child support calculation. It is now a mandatory consideration and reduces the payor’s child support amount based on how many days that parent has custody of the children. In other words, the parent who pays child support automatically gets credit for parenting time in the court order and the child support obligation is reduced accordingly. These new calculations are having a drastic impact on child support amounts, and in some cases, can reduce the child support to negligible amounts even for parents earning high incomes.
Let’s look at a very basic example.[1] In a situation where both parties make $100,000, and the noncustodial parent has parenting time every other weekend and three weeks during the summer, the parenting time adjustment would decrease the child support obligation by about $250 per month. In a true 50-50 arrangement, it would reduce the obligation to ZERO.
The issue with this change is that the law did not remove the custodial parent’s obligation to cover the child’s basic needs, such as clothing, school supplies, and extracurricular activities. If these expenses are not specifically addressed in the court order, the custodial parent is technically “on the hook” for these expenses and could be receiving little to no child support to cover these expenses.
If you are a parent with court-ordered parenting time who does not have an accurate parenting-time deviation (or any parenting time deviation at all) reflected in your child support order entered prior to January 2026, your child support obligation could be subject to modification. Of course, the more substantial the parenting time, the more significant the adjustment. Depending on the incomes and parenting times of the parties, the outcomes can range from minimal reductions to shocking results.
It’s important not only for the parent paying child support to know their options, but also for the parent receiving child support to know that a modification could be filed at any time which may significantly affect their budgeting.
Emory Grady with Leonard & O’Neil handles exclusively family law matters including contested and uncontested divorces, modifications and more. If you would like to discuss your situation, give us a call to set up a consultation.
Emory Grady, Esq. Leonard & O'Neil
[1] This example is meant only for illustrative purposes. It does not take into account all the facts and circumstances of each individual case.
