Legal Question in Family Law in Georgia

Child Support - How do we calculate ?

The Divorce Decree (actually modification of) states that "Plaintiff is to pay 23% of his gross income with adjustments being made on April 1st of each year) Can you please explain this. I am under the impression that this means the "fiscal" year is April 1 - March 31 and we are to pay 23% of his income for the year within that window. In other words, We pay April 1997 - MArch 31, 1998 23% of his 1997 income. Is this wrong? I would appreciate any light you could shed on this matter.


Asked on 2/21/98, 9:59 am

1 Answer from Attorneys

Robert Friend Robert H. Friend, Attorney at Law

23 % of income as child support

I'm not really sure without studying the whole situation, but it sounds to me like he is ordered to pay 23% of, for example, 1996 calendar year's income during 1997. Then, in April (when obviously his tax return should be filed), the amount that was paid during 1997 should be adjusted to reflect what he would have paid if he had know in advance what his 1997 income would have been. So if his income in 1997 calendar year turns out to be higher than his payments (which in my example were based upon his 1996 income), then he would owe 23% of the difference. If the reverse were true, he would be due a refund of 23% of the difference. Now, how he would get this refund, I don't have a clue, and I'll bet the judge didn't think about that possibility, assuming that his income would go up every year, and never down.

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Answered on 2/26/98, 10:12 am


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