Bivek, Brubaker & Prescott - Marietta family law and divorce attorneys

High-Income Deviation

High-Income Deviation is a non-mandatory deviation. It is generally used to modify the child support upwards for the non-custodial parent.  It is used when the parents combined adjusted income per month is above $30,000. When calculating Child Support the Court, “For high-income parents, shall set the basic child support obligation at the highest amount allowed by the child support obligation table but the court or the jury may consider upward deviation to attain an appropriate award of child support for high-income parents which is consistent with the best interest of the child.” O.C.G.A. 19-6-15 (A) The highest obligation amount for child support is:

  • 2,236.00 for one child

  • 3,066.00 for two children

  • 3,431.00 for three children

  • 3,825.00 for four children

  • 4,211.00 for five children

  • 4,581.00 for six children

The high-income deviation allows for child support to go over the max amounts listed above. Determining whether to include a high-income deviation varies depending on the case details. When both parents are considered high income then a deviation may not need to be added in. Another factor that will be taken into consideration is the custodial arrangement. Since the high-income is non-mandatory the Court can accept or deny the high- income deviation and can even adjust the deviation amount. 

Example of High-Income Deviation 

The Mother makes 2,000 a month in adjusted gross income and the Father makes 50,000 a month in adjusted gross income. They only have one child. The Father’s Child Support Obligation without the High-Income deviation would be $2,236.00. The High-Income Deviation is then inputted for the Father for $2,000. This increases his child support obligation to 4,236.00. It is important to note that this deviation is dollar for dollar. 

If you are ready to discuss your child support case with one of our experienced Family Law Attorneys, give us a call toll-free at 866-527-2630  to set up a consultation.

 

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