[GA] How do we adjust the calculated child support payment to a lower number we agreed on in our uncontested divorce?

Lexi, Chatbot

I understand that filing for an uncontested divorce can be a challenging process. Have you and your spouse already agreed on the terms of the divorce?

Lexi, Chatbot

What state are you filing for divorce in? As laws can vary significantly.

Lexi, Chatbot

Is there anything else the Family Lawyer should know before I connect you? Rest assured, they'll be able to help with your uncontested divorce.

Queeneth E. Esq

Hello and welcome. My name is Queeneth. I am an attorney with over 8 years of legal experience. I will do my best to assist you today. First, I need to ask you a few questions to give you the best answer.

(Kindly note that our conversation does not establish an attorney-client relationship.)

Queeneth E. Esq

How long have you been married for?

Queeneth E. Esq

Thank you for the feedback. Please allow me some time to prepare a response.

Queeneth E. Esq

Thank you for the information.

To keep the agreed amount, you will need to request a child support deviation.

Georgia courts begin with the presumptive child support amount, which is calculated through the state’s guidelines and worksheet. This presumptive amount is considered correct unless successfully rebutted.
(O.C.G.A. § 19-6-15(b)(1))

However, courts may deviate from that amount if both parents agree and if the deviation is found to be in the best interests of the child. (O.C.G.A. § 19-6-15(i)(1)(B))

In your situation, several factors support a downward deviation:

• You have paid the same voluntary amount consistently for six years

• You and the other parent share 50/50 physical custody

• Both parties agree on the continued support amount

• The deviation does not harm the child financially

Georgia law specifically allows deviations based on:

• Parenting time for shared custody (O.C.G.A. § 19-6-15(i)(2)(K))

• Non-specific deviations when fairness and history justify it (O.C.G.A. § 19-6-15(i)(2)(O))

You should include language in your Settlement Agreement and Child Support Addendum such as:

“The parties agree that the child support obligation shall be $___ per month. This amount is a downward deviation from the presumptive child support amount. The paying parent has consistently provided this level of support for the past six years, the parties share equal physical custody, and both agree that this deviation is fair, appropriate, and in the best interests of the children.”

In Georgia, courts must also receive written justification explaining why the deviation is appropriate. (O.C.G.A. § 19-6-15(c)(2)(E))

When filing, make sure to include the following required documents:

• Georgia Child Support Worksheet (mandatory in all cases)
  (O.C.G.A. § 19-6-15(m)(1))

• Child Support Addendum explaining and supporting the deviation

• Parenting Plan showing the 50/50 arrangement
  (O.C.G.A. § 19-9-1(b))

The judge must sign off that the deviation is justified and in the child’s best interest.

Queeneth E. Esq

You're close with the math.

If the presumptive amount is $1,000 and you're agreeing to pay $300, the deviation is $700 downward. The addendum should reflect that clearly.

Example language:

“The presumptive child support amount is $1,000. The parties agree to a downward deviation of $700, resulting in a final obligation of $300. This deviation is based on six years of consistent voluntary payments and a shared 50/50 custody arrangement.”

Because you’re filing uncontested, you must have a written settlement agreement. It needs to cover:

• child support

• custody

• property division

• alimony (if applicable)

You can revise your current agreement or attach an addendum.

Georgia allows deviations under O.C.G.A. § 19-6-15(i), including:

• Parenting time deviation (for 50/50 custody)

• Non-specific deviation (for fairness and long-standing agreement)

Your uncontested package should include:

• Settlement Agreement (with deviation language)

• Parenting Plan

• Child Support Worksheet

• Child Support Addendum

• Divorce Petition + Final Judgment forms

• County-required acknowledgments or waivers

Queeneth E. Esq

Do you need clarification on any part of the process?