Child support amounts will vary based on multiple factors.  One set of factors that will cause these variances are what are known as deviations.

Specifically, Georgia law defines a deviation as “an increase or decrease from the presumptive amount of child support if the presumed order is rebutted by evidence and the required findings of fact are made by the court pursuant to subsection (i) of this Code section.”  O.C.G.A. § 19-6-15(a)(10).  Under Georgia law, the court has wide discretion in determining what may be considered a deviation for the purposes of adjusting child support, but state law does delineate a list of specific deviations that may be considered in child support calculations: high income; low income; other health related insurance (dental and vision)*;  life insurance; child and dependent care tax credit; travel expenses; alimony; mortgage; permanency plan or foster care plan;  extraordinary expenses; parenting time; and nonspecific deviations (at the judge’s discretion).

Although a factor considered in establishing a child support obligation, medical insurance is not defined as a deviation, as are the items listed in O.C.G.A. § 19-6-15(i).  “The amount that is, or will be, paid by a parent for health insurance for the child for whom support is being determined shall be an adjustment to the basic child support obligation and prorated between the parents based upon their respective incomes.”  O.C.G.A. § 19-6-15(h)(2)(A)(i).

Deviations are allowed under Georgia law and the same should be applied when the circumstances call for their inclusion.

To ensure deviations are appropriately considered, you need an experience family law attorney to help lead you in the right direction.  If you or a loved one have questions about deviations or child support in general, give us a call today at 770-415-9848 at the Sellers Law Firm, LLC: where clients become family.

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