06 SB382/AP
Senate Bill 382
By: Senators Harp of the 29th and Hill of the 32nd
AS PASSED
AS PASSED
AN ACT
To
amend Titles 5, 7, and 19 of the Official Code of Georgia Annotated, relating
respectively to appeal and error, banking and finance, and domestic relations,
so as to change provisions relating to the calculation of child support; to
clarify the appeal process in certain domestic relations cases; to clarify the
calculation of the amount of interest on arrearage of child support; to clarify
definitions; to provide guidelines for determining the amount of child support
to be paid; to change provisions relating to guidelines for calculating child
support; to reorganize Code Section 19-6-15, relating to guidelines for
calculating child support, to provide more clarity on the application of such
child support; to allow a jury to determine gross income and deviations; to
provide calculation of parenting time; to provide for definitions; to provide
for headings to better structure the Code section; to provide for the Child
Support Obligation Table; to change certain provisions relating to the duties of
the Georgia Child Support Commission; to correct cross-references; to amend an
Act amending Titles 5, 7, and 19 of the Official Code of Georgia Annotated so as
to state legislative findings, change provisions relating to calculation of
child support, and make other related changes, approved April 22, 2005 (Ga. L.
2005, p. 224), so as to change the effective date of said Act; to state
legislative intent; to provide for related matters; to provide for applicability
and an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Title 5
of the Official Code of Georgia Annotated, relating to appeal and error, is
amended by striking subsection (a) of Code Section 5-6-34, relating to judgments
and rulings deemed directly appealable, and inserting in lieu thereof the
following:
"5-6-34.
(a) Appeals may be taken to the Supreme Court and the
Court of Appeals from the following judgments and rulings of the superior
courts, the constitutional city courts, and such other courts or tribunals from
which appeals are authorized by the Constitution and laws of this
state:
(1) All final judgments, that is to say, where the case
is no longer pending in the court below, except as provided in Code Section
5-6-35;
(2) All judgments involving applications for discharge
in bail trover and contempt cases;
(3) All judgments or orders directing that an accounting
be had;
(4) All judgments or orders granting or refusing
applications for receivers or for interlocutory or final
injunctions;
(5) All judgments or orders granting or refusing
applications for attachment against fraudulent debtors;
(5.1) Any ruling on a motion which would be dispositive
if granted with respect to a defense that the action is barred by Code Section
16-11-184;
(6) All judgments or orders granting or refusing to
grant mandamus or any other extraordinary remedy, except with respect to
temporary restraining orders;
(7) All judgments or orders refusing applications for
dissolution of corporations created by the superior courts; and
(8) All judgments or orders sustaining motions to
dismiss a caveat to the probate of a will."
SECTION 2.
Title 7
of the Official Code of Georgia Annotated, relating to banking and finance, is
amended by striking in its entirety Code Section 7-4-12.1, relating to interest
on arrearage of child support, and inserting in lieu thereof the
following:
"7-4-12.1.
(a) All awards of child support expressed in monetary
amounts shall accrue interest at the rate of 7 percent per annum commencing 30
days from the day such award or payment is due. This Code section shall apply to
all awards, court orders, decrees, and judgments rendered pursuant to Title 19.
It shall not be necessary for the party to whom the child support is due to
reduce any such award to judgment in order to recover such interest. The court
shall have discretion in applying or waiving past due interest. In determining
whether to apply, waive, or reduce the amount of interest owed, the Court shall
consider whether:
(1) Good cause existed for the nonpayment of the child
support;
(2) Payment of the interest would result in substantial
and unreasonable hardship for the parent owing the interest;
(3) Applying, waiving, or reducing the interest would
enhance or detract from the parent́s current ability to pay child support, including the
consideration of the regularity of payments made for current child support of
those dependents for whom support is owed; and
(4) The waiver or reduction of interest would result in
substantial and unreasonable hardship to the parent to whom interest is
owed.
(b) This Code section shall not be construed to abrogate
the authority of a IV-D agency to waive, reduce, or negotiate a settlement of
unreimbursed public assistance in accordance with subsection (b) of Code Section
19-11-5."
SECTION 3.
Title
19 of the Official Code of Georgia Annotated, relating to domestic relations, is
amended by striking subsection (c) of Code Section 19-5-12, relating to form of
judgment and decree in divorce actions, and inserting in lieu thereof a new
subsection (c) to read as follows:
"(c) In any case
which involves the determination of child support, the form of the judgment
shall also include provisions indicating both parentś income, the number of children for which support is
being provided, the presumptive amount of child support award calculation, and,
if the presumptive amount of child support is rebutted, the award amount and the
basis for the rebuttal award. The final judgment shall have attached to it the
child support worksheet containing the calculation of the final award of child
support and Schedule E pertaining to deviations. The final judgment shall
specify a sum certain amount of child support to be paid."
SECTION 4.
Said
title is further amended by striking in its entirety Code Section 19-6-15,
relating to guidelines for calculating child support, and inserting in lieu
thereof a new Code Section 19-6-15 to read as follows:
"19-6-15.
(a) Definitions. As used in this Code section, the term:
(1) 'Adjusted Child Support Obligation' means the Basic
Child Support Obligation adjusted by the Parenting Time Adjustment, if
applicable, Health Insurance, and Work Related Child Care Costs.
(2) 'Adjusted Income' means the determination of a
Parent́s monthly income, calculated by deducting from that
Parent́s monthly Gross Income one-half of the amount of any
applicable self-employment taxes being paid by the Parent, any Preexisting Order
for current child support which is being paid by the Parent, and any Theoretical
Child Support Order for other Qualified Children, if allowed by the Court. For
further reference see paragraph (5) of subsection (f) of this Code
section.
(3) 'Basic Child Support Obligation' means the amount of
support displayed on the Child Support Obligation Table which corresponds to the
Combined Adjusted Income of the Custodial Parent and the Noncustodial Parent and
the number of children for whom child support is being determined. This amount
is rebuttably presumed to be the appropriate amount of child support to be
provided by the Custodial Parent and the Noncustodial Parent prior to
consideration of percentage of income, Health Insurance, Work Related Child Care
Costs, and Deviations.
(4) 'Child' means child or children.
(5) 'Child Support Enforcement Agency' means the Child
Support Enforcement Agency within the Department of Human
Resources.
(6) 'Child Support Obligation Table' means the chart
which displays the dollar amount of the Basic Child Support Obligation
corresponding to various levels of Combined Adjusted Income of the
childreńs Parents and the number of children for whom a child
support order is being established or modified. The Child Support Obligation
Table shall be used to calculate the Basic Child Support Obligation according to
the provisions of this Code section. For further reference see subsections (n)
and (o) of this Code section.
(7) 'Combined Adjusted Income' means the amount of
Adjusted Income of the Custodial Parent added to the amount of Adjusted Income
of the Noncustodial Parent.
(8) 'Court' means a judge of any Court of record or an
administrative law judge of the Office of State Administrative
Hearings.
(9) 'Custodial Parent' means the Parent with whom the
Child resides more than 50 percent of the time. Where a Custodial Parent has not
been designated or where a Child resides with both Parents an equal amount of
time, the Court shall designate the Custodial Parent as the Parent with the
lesser support obligation and the other Parent as the Noncustodial Parent. Where
the Child resides equally with both Parents and neither Parent can be determined
as owing a greater amount than the other, the Court shall determine which Parent
to designate as the Custodial Parent for the purpose of this Code
section.
(10) 'Deviation' means 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.
(11) 'Final Child Support Order' means the Presumptive
Amount of Child Support adjusted by any Deviations.
(12) 'Gross Income' means all income to be included in
the calculation of child support as set forth in subsection (f) of this Code
section.
(13) 'Health Insurance' means any general health or
medical policy. For further reference see paragraph (2) of subsection (h) of
this Code section.
(14) 'Noncustodial Parent' means the Parent with whom
the Child resides less than 50 percent of the time or the Parent who has the
greater payment obligation for child support. Where the Child resides equally
with both Parents and neither Parent can be determined as owing a lesser amount
than the other, the Court shall determine which Parent to designate as the
Noncustodial Parent for the purpose of this Code section.
(15) 'Nonparent Custodian' means an individual who has
been granted legal custody of a Child, or an individual who has a legal right to
seek, modify, or enforce a child support order.
(16) 'Parent' means a person who owes a Child a duty of
support pursuant to Code Section 19-7-2.
(17) 'Parenting Time Adjustment' means an adjustment to
the Noncustodial Parent́s portion of the Basic Child Support Obligation based
upon the Noncustodial Parent́s court ordered visitation with the Child. For further
reference see subsection (g) of this Code section.
(18) 'Preexisting Order' means:
(A) An order in another case that requires a Parent to
make child support payments for another Child, which child support the Parent is
actually paying, as evidenced by documentation as provided in division
(f)(5)(B)(iii) of this Code section; and
(B) That the date of filing of the initial order for
each such other case is earlier than the date of filing of the initial order in
the case immediately before the Court, regardless of the age of any Child in any
of the cases.
(19) 'Presumptive Amount of Child Support' means the
Basic Child Support Obligation including Health Insurance and Work Related Child
Care Costs.
(20) A 'Qualified Child' or 'Qualified Children' means
any Child:
(A) For whom the Parent is legally responsible and in
whose home the Child resides; (B) That the Parent is actually
supporting;
(C) Who is not subject to a Preexisting Child Support
Order; and
(D) Who is not before the Court to set, modify, or
enforce support in the case immediately under consideration.
Qualified Children shall not include stepchildren or
other minors in the home that the Parent has no legal obligation to
support.
(21) 'Split Parenting' can occur in a child support case
only if there are two or more children of the same Parents, where one Parent is
the Custodial Parent for at least one Child of the Parents, and the other Parent
is the Custodial Parent for at least one other Child of the Parents. In a Split
Parenting case, each Parent is the Custodial Parent of any Child spending more
than 50 percent of the time with that Parent and is the Noncustodial Parent of
any Child spending more than 50 percent of the time with the other Parent. A
Split Parenting situation shall have two Custodial Parents and two Noncustodial
Parents, but no Child shall have more than one Custodial Parent or Noncustodial
Parent.
(22) 'Theoretical Child Support Order' means a
hypothetical child support order for Qualified Children calculated as set forth
in subparagraph (f)(5)(C) of this Code section which allows the Court to
determine the amount of child support as if a child support order
existed.
(23) 'Uninsured Health Care Expenses' means a
Child́s uninsured medical expenses including, but not limited
to, Health Insurance copayments, deductibles, and such other costs as are
reasonably necessary for orthodontia, dental treatment, asthma treatments,
physical therapy, vision care, and any acute or chronic medical or health
problem or mental health illness, including counseling and other medical or
mental health expenses, that are not covered by insurance. For further reference
see paragraph (3) of subsection (h) of this Code section.
(24) 'Work Related Child Care Costs' means expenses for
the care of the Child for whom support is being determined which are due to
employment of either Parent. In an appropriate case, the Court may consider the
child care costs associated with a Parent́s job search or the training or education of a Parent
necessary to obtain a job or enhance earning potential, not to exceed a
reasonable time as determined by the Court, if the Parent proves by a
preponderance of the evidence that the job search, job training, or education
will benefit the Child being supported. The term shall be projected for the next
consecutive 12 months and averaged to obtain a monthly amount. For further
reference see paragraph (1) of subsection (h) of this Code section.
(25) 'Worksheet' or 'Child Support Worksheet' means the
Worksheet used to record information necessary to determine and calculate child
support. In Child Support Enforcement Agency cases in which neither Parent
prepared a Worksheet, the Court may rely solely on the Worksheet prepared by the
Child Support Enforcement Agency as a basis for its order. For further reference
see subsection (m) of this Code section.
(b) Process of calculating child
support. Pursuant to this Code section, the
determination of child support shall be calculated as follows:
(1) Determine the monthly Gross Income of both the
Custodial Parent and the Noncustodial Parent. Gross Income may include imputed
income, if applicable. Gross Income shall be calculated on a monthly basis. The
determination of monthly Gross Income shall be entered on the Child Support
Schedule A – Gross Income;
(2) Adjust each Parent́s monthly Gross Income by deducting the following from
the Parentś monthly Gross Income, and entering it on the Child
Support Schedule B – Adjusted Income if any of the following apply:
(A) One-half of the amount of self-employment
taxes;
(B) Preexisting Orders; and
(C) Theoretical Child Support Order for Qualified
Children, if allowed by the Court;
(3) Add each Parent́s Adjusted Income together to compute the Combined
Adjusted Income;
(4) Locate the Basic Child Support Obligation by
referring to the Child Support Obligation Table. Using the figure closest to the
amount of the Combined Adjusted Income, locate the amount of the Basic Child
Support Obligation in the column underneath the number of children for whom
support is being determined. If the Combined Adjusted Income falls between the
amounts shown in the table, then the Basic Child Support Obligation shall be
based on the income bracket most closely matched to the Combined Adjusted
Income;
(5) Calculate the pro rata share of the Basic Child
Support Obligation for the Custodial Parent and the Noncustodial Parent by
dividing the Combined Adjusted Income into each Parent́s Adjusted Income to arrive at each Parent́s pro rata percentage of the Basic Child Support
Obligation;
(6) Find the Adjusted Child Support Obligation amount by
adding the additional expenses of the costs of Health Insurance and Work Related
Child Care Costs, prorating such expenses in accordance with each
Parent́s pro rata share of the obligation and adding such
expenses to the pro rata share of the obligation. The monthly cost of health
insurance premiums and Work Related Child Care Costs shall be entered on the
Child Support Schedule D – Additional Expenses. The pro rata share of the Basic
Child Support Obligation and the pro rata share of the combined additional
expenses shall be added together to create the Adjusted Child Support
Obligation;
(7) Determine the Presumptive Amount of Child Support
for the Custodial Parent and the Noncustodial Parent resulting in a sum certain
single payment due to the Custodial Parent by assigning or deducting credit for
actual payments for Health Insurance and Work Related Child Care
Costs;
(8) In accordance with subsection (i) of this Code
section, deviations subtracted from or increased to the Presumptive Amount of
Child Support are applied, if applicable, and if supported by the required
findings of fact and application of the best interest of the child standard. The
proposed Deviations shall be entered on the Child Support Schedule E –
Deviations. In the Court́s or the jurýs discretion, Deviations may include, but are not
limited to, the following:
(A) High income;
(B) Low income;
(C) Other health related insurance;
(D) Child and dependent care tax credit;
(E) Travel expenses;
(F) Alimony;
(G) Mortgage;
(H) Permanency plan or foster care plan;
(I) Extraordinary expenses;
(J) Nonspecific deviations; and
(K) Parenting time;
(9) The Final Child Support Order shall be the
Presumptive Amount of Child Support as increased or decreased by Deviations. The
final child support amount for each Parent shall be entered on the Child Support
Worksheet, together with the information from each of the utilized
schedules;
(10) In addition, the Parents shall allocate the
Uninsured Health Care Expenses which shall be based on the pro rata
responsibility of the Parents or as otherwise ordered by the Court. Each
Parent́s pro rata responsibility for Uninsured Health Care
Expenses shall be entered on the Child Support Worksheet; and
(11) In a Split Parenting case, there shall be a
separate calculation and Final Child Support Order for each Parent.
(c) Applicability and required
findings.
(1) The child support guidelines contained in this Code
section are a minimum basis for determining the amount of child support and
shall apply as a rebuttable presumption in all legal proceedings involving the
child support responsibility of a Parent. This Code section shall be used when
the Court enters a temporary or permanent child support order in a contested or
noncontested hearing. The rebuttable Presumptive Amount of Child Support
provided by this Code section may be increased according to the best interest of
the Child for whom support is being considered, the circumstances of the
parties, the grounds for Deviation set forth in subsection (i) of this Code
section, and to achieve the state policy of affording to children of unmarried
Parents, to the extent possible, the same economic standard of living enjoyed by
children living in intact families consisting of Parents with similar financial
means.
(2) The provisions of this Code section shall not apply
with respect to any divorce case in which there are no minor children, except to
the limited extent authorized by subsection (e) of this Code section. In the
final judgment or decree in a divorce case in which there are minor children, or
in other cases which are governed by the provisions of this Code section, the
Court shall:
(A) Specify in what sum certain amount and from which
Parent the Child is entitled to permanent support as determined by use of the
Worksheet;
(B) Specify as required by Code Section 19-5-12 in what
manner, how often, to whom, and until when the support shall be paid;
(C) Include a written finding of the Parent́s Gross Income as determined by the Court or the
jury;
(D) Determine whether Health Insurance for the Child
involved is reasonably available at a reasonable cost to either Parent. If the
Health Insurance is reasonably available at a reasonable cost to the Parent,
then the Court may order that the Child be covered under such Health
Insurance;
(E) Include written findings of fact as to whether one
or more of the Deviations allowed under this Code section are applicable, and if
one or more such Deviations are applicable as determined by the Court or the
jury, the written findings of fact shall further set forth:
(i) The reasons the Court or the jury deviated from the
Presumptive Amount of Child Support;
(ii) The amount of child support that would have been
required under this Code section if the Presumptive Amount of Child Support had
not been rebutted; and
(iii) A finding that states how the Court́s or the jurýs application of the child support guidelines would be
unjust or inappropriate considering the relative ability of each Parent to
provide support and how the best interest of the Child who is subject to the
child support determination is served by Deviation from the Presumptive Amount
of Child Support;
(F) Specify the amount of the Noncustodial
Parent́s parenting time as set forth in the order of
visitation; and
(G) Specify the percentage of Uninsured Health Care
Expenses for which each Parent shall be responsible.
(3) When child support is ordered, the party who is
required to pay the child support shall not be liable to third persons for
necessaries furnished to the Child embraced in the judgment or decree. In all
cases, the parties shall submit to the Court their Worksheets and schedules and
the presence or absence of other factors to be considered by the Court pursuant
to the provisions of this Code section.
(4) In any case in which the Gross Income of the
Custodial Parent and the Noncustodial Parent is determined by a jury, the Court
shall charge the provisions of this Code section applicable to the determination
of Gross Income. The jury shall be required to return a special interrogatory
determining Gross Income. Based upon the jurýs verdict as to Gross Income, the Court shall determine
the Presumptive Amount of Child Support in accordance with the provisions of
this Code section. The Court shall inform the jury of the Presumptive Amount of
Child Support and the identity of the Custodial and Noncustodial Parents. In the
final instructions to the jury, the Court shall charge the provisions of this
Code section applicable to the determination of Deviations and the jury shall be
required to return a special interrogatory as to Deviations and the final award
of child support. The Court shall include its findings and the jurýs verdict on the Child Support Worksheet in accordance
with this Code section and Code Section 19-5-12.
(5) Nothing contained within this Code section shall
prevent the parties from entering into an enforceable agreement contrary to the
Presumptive Amount of Child Support which may be made the order of the Court
pursuant to review by the Court of the adequacy of the child support amounts
negotiated by the parties, including the provision for medical expenses and
Health Insurance; provided, however, that if the agreement negotiated by the
parties does not comply with the provisions contained in this Code section and
does not contain findings of fact as required to support a Deviation, the Court
shall reject such agreement.
(6) In any case filed pursuant to Chapter 11 of this
title, relating to the 'Child Support Recovery Act,' the 'Uniform Reciprocal
Enforcement of Support Act,' or the 'Uniform Interstate Family Support Act,' the
Court shall make all determinations of fact, including Gross Income and
Deviations, and a jury shall not hear any issue related to such
cases.
(d) Nature of guidelines;
Court́s discretion. In the event of a hearing or trial on the issue of
child support, the guidelines enumerated in this Code section are intended by
the General Assembly to be guidelines only and any Court so applying these
guidelines shall not abrogate its responsibility in making the final
determination of child support based on the evidence presented to it at the time
of the hearing or trial.
(e) Duration of child support
responsibility. The duty to provide support
for a minor Child shall continue until the Child reaches the age of majority,
dies, marries, or becomes emancipated, whichever first occurs; provided,
however, that, in any temporary, final, or modified order for child support with
respect to any proceeding for divorce, separate maintenance, legitimacy, or
paternity entered on or after July 1, 1992, the Court, in the exercise of sound
discretion, may direct either or both Parents to provide financial assistance to
a Child who has not previously married or become emancipated, who is enrolled in
and attending a secondary school, and who has attained the age of majority
before completing his or her secondary school education, provided that such
financial assistance shall not be required after a Child attains 20 years of
age. The provisions for child support provided in this subsection may be
enforced by either Parent, by any Nonparent Custodian, by a guardian appointed
to receive child support for the Child for whose benefit the child support is
ordered, or by the Child for whose benefit the child support is
ordered.
(f) Gross Income.
(1) INCLUSION TO GROSS
INCOME.
(A) ATTRIBUTABLE
INCOME. Gross Income of each Parent shall
be determined in the process of setting the Presumptive Amount of Child Support
and shall include all income from any source, before deductions for taxes and
other deductions such as Preexisting Orders for child support and credits for
other Qualified Children, whether earned or unearned, and includes, but is not
limited to, the following:
(i) Salaries;
(ii) Commissions, fees, and tips;
(iii) Income from self-employment;
(iv) Bonuses;
(v) Overtime payments;
(vi) Severance pay;
(vii) Recurring income from pensions or retirement plans
including, but not limited to, Veteranś Administration, Railroad Retirement Board, Keoghs, and
individual retirement accounts;
(viii) Interest income;
(ix) Dividend income;
(x) Trust income;
(xi) Income from annuities;
(xii) Capital gains;
(xiii) Disability or retirement benefits that are
received from the Social Security Administration pursuant to Title II of the
federal Social Security Act;
(xiv) Workerś compensation benefits, whether temporary or
permanent;
(xv) Unemployment insurance benefits;
(xvi) Judgments recovered for personal injuries and
awards from other civil actions;
(xvii) Gifts that consist of cash or other liquid
instruments, or which can be converted to cash;
(xviii) Prizes;
(xix) Lottery winnings;
(xx) Alimony or maintenance received from persons other
than parties to the proceeding before the Court; and
(xxi) Assets which are used for the support of the
family.
(B) SELF-EMPLOYMENT
INCOME. Income from self-employment
includes income from, but not limited to, business operations, work as an
independent contractor or consultant, sales of goods or services, and rental
properties, less ordinary and reasonable expenses necessary to produce such
income. Income from self-employment, rent, royalties, proprietorship of a
business, or joint ownership of a partnership, limited liability company, or
closely held corporation is defined as gross receipts minus ordinary and
necessary expenses required for self-employment or business operations. Ordinary
and reasonable expenses of self-employment or business operations necessary to
produce income do not include:
(i) Excessive promotional, travel, vehicle, or personal
living expenses, depreciation on equipment, or costs of operation of home
offices; or
(ii) Amounts allowable by the Internal Revenue Service
for the accelerated component of depreciation expenses, investment tax credits,
or any other business expenses determined by the Court or the jury to be
inappropriate for determining Gross Income.
In general, income and expenses from self-employment or
operation of a business should be carefully reviewed by the Court or the jury to
determine an appropriate level of Gross Income available to the Parent to
satisfy a child support obligation. Generally, this amount will differ from a
determination of business income for tax purposes.
(C) FRINGE
BENEFITS. Fringe benefits for inclusion as
income or 'in kind' remuneration received by a Parent in the course of
employment, or operation of a trade or business, shall be counted as income if
the benefits significantly reduce personal living expenses. Such fringe benefits
might include, but are not limited to, use of a company car, housing, or room
and board. Basic allowance for housing and subsistence and variable housing
allowances for members of the armed services shall be considered income for the
purposes of determining child support. Fringe benefits do not include employee
benefits that are typically added to the salary, wage, or other compensation
that a Parent may receive as a standard added benefit, including, but not
limited to, employer paid portions of Health Insurance premiums or employer
contributions to a retirement or pension plan.
(D) VARIABLE
INCOME. Variable income such as
commissions, bonuses, overtime pay, and dividends shall be averaged by the Court
or the jury over a reasonable period of time consistent with the circumstances
of the case and added to a Parent́s fixed salary or wages to determine Gross Income. When
income is received on an irregular, nonrecurring, or one-time basis, the Court
or the jury may, but is not required to, average or prorate the income over a
reasonable specified period of time or require the Parent to pay as a one-time
support amount a percentage of his or her nonrecurring income, taking into
consideration the percentage of recurring income of that Parent.
(2) EXCLUSIONS FROM GROSS
INCOME. Excluded from Gross Income are the
following:
(A) Child support payments received by either Parent for
the benefit of a Child of another relationship;
(B) Benefits received from means-tested public
assistance programs such as, but not limited to:
(i) PeachCare for Kids Program, temporary assistance for
needy families, or similar programs in other states or territories under Title
IV-A of the federal Social Security Act;
(ii) Food stamps or the value of food assistance
provided by way of electronic benefits transfer procedures by the Department of
Human Resources;
(iii) Supplemental security income received under Title
XVI of the federal Social Security Act;
(iv) Benefits received under Section 402(d) of the
federal Social Security Act for disabled adult children of deceased disabled
workers; and
(v) Low income heating and energy assistance program
payments; and
(C) A Nonparent Custodiańs Gross Income.
(3) SOCIAL SECURITY
BENEFITS.
(A) Benefits received under Title II of the federal
Social Security Act by a Child on the obligoŕs account shall be counted as child support payments and
shall be applied against the Final Child Support Order to be paid by the obligor
for the Child.
(B) After calculating the obligoŕs monthly Gross Income, including the countable Social
Security benefits as specified in division (1)(A)(xiii) of this subsection, and
after calculating the amount of child support, if the Presumptive Amount of
Child Support is greater than the Social Security benefits paid on behalf of the
Child on the obligoŕs account, the obligor shall be required to pay the
amount exceeding the Social Security benefit as part of the Final Child Support
Order in the case.
(C) After calculating the obligoŕs monthly Gross Income, including the countable Social
Security benefits as specified in division (1)(A)(xiii) of this subsection, and
after calculating the amount of child support, if the Presumptive Amount of
Child Support is equal to or less than the Social Security benefits paid to the
Nonparent Custodian or Custodial Parent on behalf of the Child on the
obligoŕs account, the child support responsibility of that
Parent is met and no further child support shall be paid.
(D) Any benefit amounts under Title II of the federal
Social Security Act as determined by the Social Security Administration sent to
the Nonparent Custodian or Custodial Parent by the Social Security
Administration for the Child́s benefit which are greater than the Final Child Support
Order shall be retained by the Nonparent Custodian or Custodial Parent for the
Child́s benefit and shall not be used as a reason for
decreasing the Final Child Support Order or reducing arrearages.
(E) The Court shall make a written finding of fact in
the Final Child Support Order regarding the use of Social Security benefits in
the calculation of the child support.
(4) RELIABLE EVIDENCE OF
INCOME.
(A) IMPUTED
INCOME. When establishing the amount of
child support, if a Parent fails to produce reliable evidence of income, such as
tax returns for prior years, check stubs, or other information for determining
current ability to pay child support or ability to pay child support in prior
years, and the Court or the jury has no other reliable evidence of the
Parent́s income or income potential, Gross Income for the
current year shall be determined by imputing Gross Income based on a 40 hour
workweek at minimum wage.
(B) MODIFICATION. When cases with established orders are reviewed for
modification and a Parent fails to produce reliable evidence of income, such as
tax returns for prior years, check stubs, or other information for determining
current ability to pay child support or ability to pay child support in prior
years, and the Court has no other reliable evidence of that Parent́s income or income potential, the Court may enter an
order to increase the child support of the Parent failing or refusing to produce
evidence of income by an increment of at least 10 percent per year of that
Parent́s pro rata share of the Basic Child Support Obligation
for each year since the Final Child Support Order was entered or last
modified.
(C) REHEARING. If income is imputed pursuant to subparagraph (A) of
this paragraph, the party believing the income of the other party is higher than
the amount imputed may provide within 90 days, upon motion to the Court,
evidence necessary to determine the appropriate amount of child support based
upon reliable evidence. A hearing shall be scheduled after the motion is filed.
The Court may increase, decrease, or the amount of current child support may
remain the same from the date of filing of either Parent́s initial filing or motion for reconsideration. While
the motion for reconsideration is pending, the obligor shall be responsible for
the amount of child support originally ordered. Arrearages entered in the
original child support order based upon imputed income shall not be forgiven.
When there is reliable evidence to support a motion for reconsideration of the
amount of income imputed, the party shall not be required to demonstrate the
existence of a significant variance or other such factors required for
modification of an order pursuant to subsection (k) of this Code
section.
(D) WILLFUL OR
VOLUNTARY UNEMPLOYMENT OR UNDEREMPLOYMENT.
In determining whether a Parent is willfully or voluntarily unemployed or
underemployed, the Court or the jury shall ascertain the reasons for the
Parent́s occupational choices and assess the reasonableness of
these choices in light of the Parent́s responsibility to support his or her Child and whether
such choices benefit the Child. A determination of willful or voluntary
unemployment or underemployment shall not be limited to occupational choices
motivated only by an intent to avoid or reduce the payment of child support but
can be based on any intentional choice or act that affects a Parent́s income. In determining willful or voluntary
unemployment or underemployment, the Court may examine whether there is a
substantial likelihood that the Parent could, with reasonable effort, apply his
or her education, skills, or training to produce income. Specific factors for
the Court to consider when determining willful or voluntary unemployment or
underemployment include, but are not limited to:
(i) The Parent́s past and present employment;
(ii) The Parent́s education and training;
(iii) Whether unemployment or underemployment for the
purpose of pursuing additional training or education is reasonable in light of
the Parent́s responsibility to support his or her Child and, to
this end, whether the training or education may ultimately benefit the Child in
the case immediately under consideration by increasing the Parent́s level of support for that Child in the
future;
(iv) A Parent́s ownership of valuable assets and resources, such as an
expensive home or automobile, that appear inappropriate or unreasonable for the
income claimed by the Parent;
(v) The Parent́s own health and ability to work outside the home;
and
(vi) The Parent́s role as caretaker of a Child of that Parent, a
disabled or seriously ill Child of that Parent, or a disabled or seriously ill
adult Child of that Parent, or any other disabled or seriously ill relative for
whom that Parent has assumed the role of caretaker, which eliminates or
substantially reduces the Parent́s ability to work outside the home, and the need of that
Parent to continue in the role of caretaker in the future. When considering the
income potential of a Parent whose work experience is limited due to the
caretaker role of that Parent, the Court shall consider the following
factors:
(I) Whether the Parent acted in the role of full-time
caretaker immediately prior to separation by the married parties or prior to the
divorce or annulment of the marriage or dissolution of another relationship in
which the Parent was a full-time caretaker;
(II) The length of time the Parent staying at home has
remained out of the workforce for this purpose;
(III) The Parent́s education, training, and ability to work;
and
(IV) Whether the Parent is caring for a Child who is
four years of age or younger. If the Court or the jury determines that a Parent
is willfully or voluntarily unemployed or underemployed, child support shall be
calculated based on a determination of earning capacity, as evidenced by
educational level or previous work experience. In the absence of any other
reliable evidence, income may be imputed to the Parent pursuant to a
determination that Gross Income for the current year is based on a 40 hour
workweek at minimum wage. A determination of willful and voluntary unemployment
or underemployment shall not be made when an individual is activated from the
National Guard or other armed forces unit or enlists or is drafted for full-time
service in the armed forces of the United States.
(5) ADJUSTMENTS TO GROSS
INCOME.
(A)
SELF-EMPLOYMENT. One-half of the
self-employment and Medicare taxes shall be calculated as follows:
(i) Six and one-quarter percent of self-employment
income up to the maximum amount to which federal old age, survivors, and
disability insurance (OASDI) applies; plus
(ii) One and forty-five one-hundredths of a percent of
self-employment income for Medicare
and this amount shall be deducted from a self-employed
Parent́s monthly Gross Income.
(B) PREEXISTING
ORDERS. An adjustment to the
Parent́s monthly Gross Income shall be made on the Child
Support Schedule B – Adjusted Income for current Preexisting Orders actually
being paid under an order of support for a period of not less than 12
consecutive months immediately prior to the date of the hearing or such period
that an order has been in effect if less than 12 months prior to the date of the
hearing before the Court to set, modify, or enforce child support.
(i) In calculating the adjustment for Preexisting
Orders, the Court shall include only those Preexisting Orders where the date of
entry of the initial support order precedes the date of entry of the initial
order in the case immediately under consideration;
(ii) The priority for Preexisting Orders shall be
determined by the date of the initial order in each case. Subsequent
modifications of the initial support order shall not affect the priority
position established by the date of the initial order. In any modification
proceeding, the Court rendering the decision shall make a specific finding of
the date of the initial order of the case;
(iii) Adjustments shall be allowed for current
preexisting support only to the extent that the payments are actually being paid
as evidenced by documentation including, but not limited to, payment history
from a court clerk, a IV-D agency, as defined in Code Section 19-6-31, the Child
Support Enforcement Agencýs computer data base, the child support payment history,
or canceled checks or other written proof of payments paid directly to the other
Parent. The maximum credit allowed for a Preexisting Order is an average of the
amount of current support actually paid under the Preexisting Order over the
past 12 months prior to the hearing date;
(iv) All Preexisting Orders shall be entered on the
Child Support Schedule B – Adjusted Income for the purpose of
calculating the total amount of the credit to be included on the Child Support
Worksheet; and
(v) Payments being made by a Parent on any arrearages
shall not be considered payments on Preexisting Orders or subsequent orders and
shall not be used as a basis for reducing Gross Income.
(C) THEORETICAL
CHILD SUPPORT ORDERS. In addition to the
adjustments to monthly Gross Income for self-employment taxes provided in
subparagraph (A) of this paragraph and for Preexisting Orders provided in
subparagraph (B) of this paragraph, credits for either Parent́s other Qualified Child living in the Parent́s home for whom the Parent owes a legal duty of support
may be considered by the Court for the purpose of reducing the
Parent́s Gross Income. To consider a Parent́s other Qualified Children for determining the
Theoretical Child Support Order, a Parent shall present documentary evidence of
the Parent-Child relationship to the Court. Adjustments to income pursuant to
this paragraph may be considered in such circumstances in which the failure to
consider a Qualified Child would cause substantial hardship to the Parent;
provided, however, that such consideration of an adjustment shall be based upon
the best interest of the Child for whom child support is being awarded. If the
Court, in its discretion, decides to apply the Qualified Child adjustment, the
Basic Child Support Obligation of the Parent for the number of other Qualified
Children living with such Parent shall be determined based upon that
Parent́s monthly Gross Income. Except for self-employment taxes
paid, no other amounts shall be subtracted from the Parent́s monthly Gross Income when calculating a Theoretical
Child Support Order under this subparagraph. The Basic Child Support Obligation
for such Parent shall be multiplied by 75 percent and the resulting amount shall
be subtracted from such Parent́s monthly Gross Income and entered on the Child Support
Schedule B – Adjusted Income.
(D) PRIORITY
OF ADJUSTMENTS. In multiple family situations, the adjustments to a
Parent́s monthly Gross Income shall be calculated in the
following order:
(i) Preexisting Orders according to the date of the
initial order; and
(ii) After applying the deductions on the Child Support
Schedule B – Adjusted Income for Preexisting Orders, if any, in subparagraph (A)
of paragraph (4) of this subsection, any credit for a Parent́s other Qualified Children may be considered using the
procedure set forth in subparagraph (B) of this paragraph.
(g) Parenting Time
Adjustment. The Court or the jury may
deviate from the Presumptive Amount of Child Support as set forth in
subparagraph (i)(2)(K) of this Code section.
(h) Adjusted support
obligation. The Child Support Obligation
Table does not include the cost of the Parent́s Work Related Child Care Costs, Health Insurance
premiums, or Uninsured Health Care Expenses. The additional expenses for the
Child́s Health Insurance premium and Work Related Child Care
Costs shall be included in the calculations to determine child support. A
Nonparent Custodiańs expenses for Work Related Child Care Costs and Health
Insurance premiums shall be taken into account when establishing a Final Child
Support Order.
(1) WORK RELATED CHILD CARE
COSTS.
(A) Work Related Child Care Costs necessary for the
Parent́s employment, education, or vocational training that are
determined by the Court to be appropriate, and that are appropriate to the
Parentś financial abilities and to the lifestyle of the Child
if the Parents and Child were living together, shall be averaged for a monthly
amount and entered on the Child Support Worksheet in the column of the Parent
initially paying the expense. Work Related Child Care Costs of a Nonparent
Custodian shall be considered when determining the amount of this
expense.
(B) If a child care subsidy is being provided pursuant
to a means-tested public assistance program, only the amount of the child care
expense actually paid by either Parent or a Nonparent Custodian shall be
included in the calculation.
(C) If either Parent is the provider of child care
services to the Child for whom support is being determined, the value of those
services shall not be an adjustment to the Basic Child Support Obligation when
calculating the support award.
(D) If child care is provided without charge to the
Parent, the value of these services shall not be an adjustment to the Basic
Child Support Obligation. If child care is or will be provided by a person who
is paid for his or her services, proof of actual cost or payment shall be shown
to the Court before the Court includes such payment in its
consideration.
(E) The amount of Work Related Child Care Costs shall be
determined and added as an adjustment to the Basic Child Support Obligation as
'additional expenses' whether paid directly by the Parent or through a payroll
deduction.
(F) The total amount of Work Related Child Care Costs
shall be divided between the Parents pro rata to determine the Presumptive
Amount of Child Support and shall be included in the Worksheet and written order
of the Court.
(2) COST OF HEALTH INSURANCE
PREMIUMS.
(A)(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. Payments made by a
Parent́s employer for Health Insurance and not deducted from
the Parent́s wages shall not be included. When a Child for whom
support is being determined is covered by a family policy, only the Health
Insurance premium actually attributable to that Child shall be
added.
(ii) The amount of the cost for the Child́s Health Insurance premium shall be determined and added
as an adjustment to the Basic Child Support Obligation as 'additional expenses'
whether paid directly by the Parent or through a payroll deduction.
(iii) The total amount of the cost for the
Child́s Health Insurance premium shall be divided between the
Parents pro rata to determine the total Presumptive Amount of Child Support and
shall be included in the Child Support Schedule D – Additional Expenses and
written order of the Court together with the amount of the Basic Child Support
Obligation.
(B)(i) If Health Insurance that provides for the health
care needs of the Child can be obtained by a Parent at reasonable cost, then an
amount to cover the cost of the premium shall be added as an adjustment to the
Basic Child Support Obligation. A Health Insurance premium paid by a Nonparent
Custodian shall be included when determining the amount of Health Insurance
expense. In determining the amount to be added to the order for the Health
Insurance cost, only the amount of the Health Insurance cost attributable to the
Child who is the subject of the order shall be included.
(ii) If coverage is applicable to other persons and the
amount of the Health Insurance premium attributable to the Child who is the
subject of the current action for support is not verifiable, the total cost to
the Parent paying the premium shall be prorated by the number of persons covered
so that only the cost attributable to the Child who is the subject of the order
under consideration is included. The amount of Health Insurance premium shall be
determined by dividing the total amount of the insurance premium by the number
of persons covered by the insurance policy and multiplying the resulting amount
by the number of children covered by the insurance policy. The monthly cost of
Health Insurance premium shall be entered on the Child Support Schedule D –
Additional Expenses in the column of the Parent paying the premium.
(iii) Eligibility for or enrollment of the Child in
Medicaid or PeachCare for Kids Program shall not satisfy the requirement that
the Final Child Support Order provide for the Child́s health care needs. Health coverage through PeachCare
for Kids Program and Medicaid shall not prevent a Court from ordering either or
both Parents to obtain other Health Insurance.
(3) UNINSURED HEALTH CARE
EXPENSES.
(A) The Child́s Uninsured Health Care Expenses shall be the financial
responsibility of both Parents. The Final Child Support Order shall include
provisions for payment of the Uninsured Heath Care Expenses; provided, however,
that the Uninsured Health Care Expenses shall not be used for the purpose of
calculating the amount of child support. The Parents shall divide the Uninsured
Health Care Expenses pro rata, unless otherwise specifically ordered by the
Court.
(B) If a Parent fails to pay his or her pro rata share
of the Child́s Uninsured Health Care Expenses, as specified in the
Final Child Support Order, within a reasonable time after receipt of evidence
documenting the uninsured portion of the expense:
(i) The other Parent or the Nonparent Custodian may
enforce payment of the expense by any means permitted by law; or
(ii) The Child Support Enforcement Agency shall pursue
enforcement of payment of such unpaid expenses only if the unpaid expenses have
been reduced to a judgment in a sum certain amount.
(i) Grounds for Deviation.
(1) GENERAL PRINCIPLES.
(A) The amount of child support established by this Code
section and the Presumptive Amount of Child Support are rebuttable and the Court
or the jury may deviate from the Presumptive Amount of Child Support in
compliance with this subsection. In deviating from the Presumptive Amount of
Child Support, primary consideration shall be given to the best interest of the
Child for whom support under this Code section is being determined. A Nonparent
Custodiańs expenses may be the basis for a
Deviation.
(B) When ordering a Deviation from the Presumptive
Amount of Child Support, the Court or the jury shall consider all available
income of the Parents and shall make written findings or special interrogatory
findings that an amount of child support other than the amount calculated is
reasonably necessary to provide for the needs of the Child for whom child
support is being determined and the order or special interrogatory shall
state:
(i) The reasons for the Deviation from the Presumptive
Amount of Child Support;
(ii) The amount of child support that would have been
required under this Code section if the Presumptive Amount of Child Support had
not been rebutted; and
(iii) How, in its determination:
(I) Application of the Presumptive Amount of Child
Support would be unjust or inappropriate; and
(II) The best interest of the Child for whom support is
being determined will be served by Deviation from the Presumptive Amount of
Child Support.
(C) No Deviation in the Presumptive Amount of Child
Support shall be made which seriously impairs the ability of the Custodial
Parent to maintain minimally adequate housing, food, and clothing for the Child
being supported by the order and to provide other basic necessities, as
determined by the Court or the jury.
(2) SPECIFIC
DEVIATIONS.
(A) HIGH
INCOME. For purposes of this subparagraph,
Parents are considered to be high-income Parents if their Combined Adjusted
Income exceeds $30,000.00 per month. For high-income Parents, the Court 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.
(B) LOW
INCOME. For purposes of this subparagraph,
'low income person' means a Parent whose annual Gross Income is at or below
$1,850.00 per month.
(i) If the Noncustodial Parent is a low income person
and requests a Deviation on such basis, the Court or the jury shall determine if
the Noncustodial Parent will be financially able to pay the child support order
and maintain at least a minimum standard of living by calculating a self-support
reserve as set forth in division (ii) of this subparagraph. The Court or the
jury shall take into account all nonexcluded sources of income available to each
Parent and all reasonable expenses of each Parent, ensuring that such expenses
are actually paid by the Parent and are clearly justified expenses. The Court or
the jury shall also consider the financial impact that a reduction in the amount
of child support paid to the Custodial Parent would have on the Custodial
Parent́s household. Under no circumstances shall the amount of
child support awarded to the Custodial Parent impair the ability of the
Custodial Parent to maintain minimally adequate housing, food, and clothing and
provide for other basic necessities for the child being supported by the court
order.
(ii) To calculate the self-support reserve for the
Noncustodial Parent, the Court or the jury shall deduct $900.00 from the
Noncustodial Parent́s Adjusted Income. If the resulting amount is less than
the Noncustodial Parent́s pro rata responsibility of the Presumptive Amount of
Child Support, the Court or the jury may deviate from the amount of support
provided for in the Child Support Obligation Table to the resulting amount. If
the child support award amount would be less than $75.00, then the minimum child
support order amount shall be $75.00.
(iii) If the Custodial Parent is a low income person,
the Court or the jury shall subtract $900.00 from the Custodial
Parent́s Adjusted Income. If the resulting amount is less than
the Custodial Parent́s pro rata responsibility of the Presumptive Amount of
Child Support, the Court or the jury shall not deviate from the amount of
support required to be paid by the Noncustodial Parent as provided for in the
Child Support Obligation Table.
(iv) The self-support reserve calculation described in
this subparagraph shall apply only to the current child support amount and shall
not prohibit an additional amount being ordered to reduce an obligoŕs arrears.
(v) The Court shall make a written finding in its order
or the jury shall find by special interrogatory that the low income Deviation
from the Presumptive Amount of Child Support is clearly justified based upon the
considerations and calculations described in this subparagraph.
(C) OTHER
HEALTH-RELATED INSURANCE. If the Court or
the jury finds that either Parent has vision or dental insurance available at a
reasonable cost for the Child, the Court may deviate from the Presumptive Amount
of Child Support for the cost of such insurance.
(D) LIFE
INSURANCE. In accordance with Code Section
19-6-34, if the Court or the jury finds that either Parent has purchased life
insurance on the life of either Parent or the lives of both Parents for the
benefit of the Child, the Court may deviate from the Presumptive Amount of Child
Support for the cost of such insurance by either adding or subtracting the
amount of the premium.
(E) CHILD AND
DEPENDENT CARE TAX CREDIT. If the Court or
the jury finds that one of the Parents is entitled to the Child and Dependent
Care Tax Credit, the Court or the jury may deviate from the Presumptive Amount
of Child Support in consideration of such credit.
(F) TRAVEL
EXPENSES. If court ordered visitation
related travel expenses are substantial due to the distance between the Parents,
the Court may order the allocation of such costs or the jury may by a finding in
its special interrogatory allocate such costs by Deviation from the Presumptive
Amount of Child Support, taking into consideration the circumstances of the
respective Parents as well as which Parent moved and the reason for such
move.
(G) ALIMONY. Actual payments of alimony shall not be considered as a
deduction from Gross Income but may be considered as a Deviation from the
Presumptive Amount of Child Support. If the Court or the jury considers the
actual payment of alimony, the Court shall make a written finding of such
consideration or the jury in its special interrogatory of such consideration as
a basis for Deviation from the Presumptive Amount of Child Support.
(H) MORTGAGE. If the Noncustodial Parent is providing shelter, such
as paying the mortgage of the home, or has provided a home at no cost to the
Custodial Parent in which the Child resides, the Court or the jury may allocate
such costs or an amount equivalent to such costs by Deviation from the
Presumptive Amount of Child Support, taking into consideration the circumstances
of the respective Parents and the best interest of the Child.
(I) PERMANENCY
PLAN OR FOSTER CARE PLAN. In cases where
the Child is in the legal custody of the Department of Human Resources, the
child protection or foster care agency of another state or territory, or any
other child-caring entity, public or private, the Court or the jury may consider
a Deviation from the Presumptive Amount of Child Support if the Deviation will
assist in accomplishing a permanency plan or foster care plan for the Child that
has a goal of returning the Child to the Parent or Parents and the
Parent́s need to establish an adequate household or to
otherwise adequately prepare herself or himself for the return of the Child
clearly justifies a Deviation for this purpose.
(J) EXTRAORDINARY
EXPENSES. The Child Support Obligation
Table includes average child rearing expenditures for families given the
Parentś Combined Adjusted Income and number of children.
Extraordinary expenses are in excess of average amounts estimated in the Child
Support Obligation Table and are highly variable among families. Extraordinary
expenses shall be considered on a case-by-case basis in the calculation of
support and may form the basis for Deviation from the Presumptive Amount of
Child Support so that the actual amount of the expense is considered in the
calculation of the Final Child Support Order for only those families actually
incurring the expense. Extraordinary expenses shall be prorated between the
Parents.
(i) Extraordinary educational
expenses. Extraordinary educational
expenses may be a basis for Deviation from the Presumptive Amount of Child
Support. Extraordinary educational expenses include, but are not limited to,
tuition, room and board, lab fees, books, fees, and other reasonable and
necessary expenses associated with special needs education or private elementary
and secondary schooling that are appropriate to the Parent́s financial abilities and to the lifestyle of the Child
if the Parents and the Child were living together.
(I) In determining the amount of Deviation for
extraordinary educational expenses, scholarships, grants, stipends, and other
cost-reducing programs received by or on behalf of the Child shall be
considered; and
(II) If a Deviation is allowed for extraordinary
educational expenses, a monthly average of the extraordinary educational
expenses shall be based on evidence of prior or anticipated expenses and entered
on the Child Support Schedule E – Deviations.
(ii) Special expenses incurred for child
rearing. Special expenses incurred for
child rearing, including, but not limited to, quantifiable expense variations
related to the food, clothing, and hygiene costs of children at different age
levels, may be a basis for a Deviation from the Presumptive Amount of Child
Support. Such expenses include, but are not limited to, summer camp; music or
art lessons; travel; school sponsored extracurricular activities, such as band,
clubs, and athletics; and other activities intended to enhance the athletic,
social, or cultural development of a Child but not otherwise required to be used
in calculating the Presumptive Amount of Child Support as are Health Insurance
premiums and Work Related Child Care Costs. A portion of the Basic Child Support
Obligation is intended to cover average amounts of special expenses incurred in
the rearing of a Child. In order to determine if a Deviation for special
expenses is warranted, the Court or the jury shall consider the full amount of
the special expenses as described in this division; and when these special
expenses exceed 7 percent of the Basic Child Support Obligation, then the
additional amount of special expenses shall be considered as a Deviation to
cover the full amount of the special expenses.
(iii) Extraordinary medical
expenses. In instances of extreme economic
hardship involving extraordinary medical expenses not covered by insurance, the
Court or the jury may consider a Deviation from the Presumptive Amount of Child
Support for extraordinary medical expenses. Such expenses may include, but are
not limited to, extraordinary medical expenses of the Child, a Parent, or a
Child of a Parent́s current family; provided, however, that any such
Deviation:
(I) Shall not act to leave a Child unsupported;
and
(II) May be ordered for a specific period of time
measured in months.
When extraordinary medical expenses are claimed, the
Court or the jury shall consider the resources available for meeting such needs,
including sources available from agencies and other adults.
(K) PARENTING
TIME.
(i) The Child Support Obligation Table is based upon
expenditures for a Child in intact households. The Court may order or the jury
may find by special interrogatory a Deviation from the Presumptive Amount of
Child Support when special circumstances make the Presumptive Amount of Child
Support excessive or inadequate due to extended parenting time or when the Child
resides with both Parents equally.
(ii) If the Court or the jury determines that a
parenting time Deviation is applicable, then such Deviation shall be applied to
the Noncustodial Parent́s Basic Child Support Obligation.
(iii) In accordance with subsection (d) of Code Section
19-11-8, if any action or claim for parenting time is brought under this
subparagraph, it shall be an action or claim solely between the Custodial Parent
and the Noncustodial Parent, and not any third parties, including the Child
Support Enforcement Agency.
(3) NONSPECIFIC
DEVIATIONS. Deviation from the Presumptive
Amount of Child Support may be appropriate for reasons in addition to those
established under this subsection when the Court or the jury finds it is in the
best interest of the Child. If the circumstances which supported the Deviation
cease to exist, the Final Child Support Order may be modified as set forth in
subsection (k) of this Code section to eliminate the Deviation.
(j) Involuntary loss of
income.
(1) In the event a Parent suffers an involuntary
termination of employment, has an extended involuntary loss of average weekly
hours, is involved in an organized strike, incurs a loss of health, or similar
involuntary adversity resulting in a loss of income of 25 percent or more, then
the portion of child support attributable to lost income shall not accrue from
the date of the service of the petition for modification, provided that service
is made on the other Parent. It shall not be considered an involuntary
termination of employment if the Parent has left the employer without good cause
in connection with the Parent́s most recent work.
(2) In the event a modification action is filed pursuant
to this subsection, the Court shall make every effort to expedite hearing such
action.
(3) The Court may, at its discretion, phase in the new
child support award over a period of up to one year with the phasing in being
largely evenly distributed with at least an initial immediate adjustment of not
less than 25 percent of the difference and at least one intermediate adjustment
prior to the final adjustment at the end of the phase-in period.
in the new child support award over a period of up to
two years with the phasing in being largely evenly distributed with at least an
initial immediate adjustment of not less than 25 percent of the difference and
at least one intermediate adjustment prior to the final adjustment at the end of
the phase-in period.
(k) Modification.
(1) Except as provided in paragraph (2) of this
subsection, a Parent shall not have the right to petition for modification of
the child support award regardless of the length of time since the establishment
of the child support award unless there is a substantial change in either
Parentś income and financial status or the needs of the
Child.
(2) No petition to modify child support may be filed by
either Parent within a period of two years from the date of the final order on a
previous petition to modify by the same Parent except where:
(A) A Noncustodial Parent has failed to exercise the
court ordered visitation;
(B) A Noncustodial Parent has exercised a greater amount
of visitation than was provided in the court order; or
(C) The motion to modify is based upon an involuntary
loss of income as set forth in subsection (j) of this Code section.
(3)(A) If there is a difference of at least 15 percent
but less than 30 percent between a new award and a Georgia child support order
entered prior to January 1, 2007, the Court may, at its discretion, phase in the
new child support award over a period of up to one year with the phasing in
being largely evenly distributed with at least an initial immediate adjustment
of not less than 25 percent of the difference and at least one intermediate
adjustment prior to the final adjustment at the end of the phase-in
period.
(B) If there is a difference of 30 percent or more
between a new award and a Georgia child support order entered prior to January
1, 2007, the Court may, at its discretion, phase in the new child support award
over a period of up to two years with the phasing in being largely evenly
distributed with at least an initial immediate adjustment of not less than 25
percent of the difference and at least one intermediate adjustment prior to the
final adjustment at the end of the phase-in period.
(C) All IV-D case reviews and modifications shall
proceed and be governed by Code Section 19-11-12. Subsequent changes to the
Child Support Obligation Table shall be a reason to request a review for
modification from the IV-D agency to the extent that such changes are consistent
with the requirements of Code Section 19-11-12.
(4) A petition for modification shall be filed and
returnable under the same rules of procedure applicable to divorce proceedings.
A jury may be demanded on a petition for modification but the jury shall only be
responsible for determining a Parent́s Gross Income and any Deviations. In the hearing upon a
petition for modification, testimony may be given and evidence introduced
relative to the change of circumstances, income and financial status of either
Parent, or in the needs of the Child. After hearing both parties and the
evidence, the Court may modify and revise the previous judgment, in accordance
with the changed circumstances, income and financial status of either Parent, or
in the needs of the Child, if such change or changes are satisfactorily proven
so as to warrant the modification and revision and such modification and
revisions are in the Child́s best interest. The Court shall enter a written order
specifying the basis for the modification, if any, and shall include all of the
information set forth in paragraph (2) of subsection (c) of this Code
section.
(5) In proceedings for the modification of a child
support award pursuant to the provisions of this Code section, the Court may
award attorneýs fees, costs, and expenses of litigation to the
prevailing party as the interests of justice may require. Where a Custodial
Parent prevails in an upward modification of child support based upon the
Noncustodial Parent́s failure to be available and willing to exercise court
ordered visitation, reasonable and necessary attorneýs fees and expenses of litigation shall be awarded to
the Custodial Parent.
(l) Split Parenting. In cases of Split Parenting, a Worksheet shall be
prepared separately for the Child for whom the father is the Custodial Parent
and for the Child for whom the mother is the Custodial Parent, and that
Worksheet shall be filed with the clerk of court. For each Split Parenting
custodial situation, the Court shall determine:
(1) Which Parent is the obligor;
(2) The Presumptive Amount of Child
Support;
(3) The actual award of child support, if different from
the Presumptive Amount of Child Support;
(4) How and when the sum certain amount of child support
owed shall be paid; and
(5) Any other child support responsibilities for each
Parent.
(m) Worksheets.
(1) The Child Support Worksheet is used to record
information necessary to determine and calculate child support. Schedules and
Worksheets shall be prepared by the parties for purposes of calculating the
amount of child support. Information from the schedules shall be entered on the
Child Support Worksheet. The Child Support Worksheet and Schedule E shall be
attached to the final court order or judgment, and any schedules completed by
the parties shall be filed with the clerk of court.
(2) The Child Support Worksheet and schedules shall be
promulgated by the Georgia Child Support Commission.
(n) Child Support Obligation
Table. The Child Support Obligation Table
shall be proposed by the Georgia Child Support Commission and shall be as
codified in subsection (o) of this Code section.
(o) Georgia Schedule of Basic Child
Support Obligations.
|
Georgia Schedule of Basic Child Support
Obligations | ||||||
|
Combined
Adjusted
Income |
One
Child |
Two
Children |
Three
Children |
Four
Children |
Five
Children |
Six
Children |
|
$ 800.00 |
$ 197.00 |
$ 283.00 |
$ 330.00 |
$ 367.00 |
$ 404.00 |
$ 440.00 |
|
850.00 |
208.00 |
298.00 |
347.00 |
387.00 |
425.00 |
463.00 |
|
900.00 |
218.00 |
313.00 |
364.00 |
406.00 |
447.00 |
486.00 |
|
950.00 |
229.00 |
328.00 |
381.00 |
425.00 |
468.00 |
509.00 |
|
1,000.00 |
239.00 |
343.00 |
398.00 |
444.00 |
489.00 |
532.00 |
|
1,050.00 |
250.00 |
357.00 |
415.00 |
463.00 |
510.00 |
554.00 |
|
1,100.00 |
260.00 |
372.00 |
432.00 |
482.00 |
530.00 |
577.00 |
|
1,150.00 |
270.00 |
387.00 |
449.00 |
501.00 |
551.00 |
600.00 |
|
1,200.00 |
280.00 |
401.00 |
466.00 |
520.00 |
572.00 |
622.00 |
|
1,250.00 |
291.00 |
416.00 |
483.00 |
539.00 |
593.00 |
645.00 |
|
1,300.00 |
301.00 |
431.00 |
500.00 |
558.00 |
614.00 |
668.00 |
|
1,350.00 |
311.00 |
445.00 |
517.00 |
577.00 |
634.00 |
690.00 |
|
1,400.00 |
321.00 |
459.00 |
533.00 |
594.00 |
654.00 |
711.00 |
|
1,450.00 |
331.00 |
473.00 |
549.00 |
612.00 |
673.00 |
733.00 |
|
1,500.00 |
340.00 |
487.00 |
565.00 |
630.00 |
693.00 |
754.00 |
|
1,550.00 |
350.00 |
500.00 |
581.00 |
647.00 |
712.00 |
775.00 |
|
1,600.00 |
360.00 |
514.00 |
597.00 |
665.00 |
732.00 |
796.00 |
|
1,650.00 |
369.00 |
528.00 |
612.00 |
683.00 |
751.00 |
817.00 |
|
1,700.00 |
379.00 |
542.00 |
628.00 |
701.00 |
771.00 |
838.00 |
|
1,750.00 |
389.00 |
555.00 |
644.00 |
718.00 |
790.00 |
860.00 |
|
1,800.00 |
398.00 |
569.00 |
660.00 |
736.00 |
809.00 |
881.00 |
|
1,850.00 |
408.00 |
583.00 |
676.00 |
754.00 |
829.00 |
902.00 |
|
1,900.00 |
418.00 |
596.00 |
692.00 |
771.00 |
848.00 |
923.00 |
|
1,950.00 |
427.00 |
610.00 |
708.00 |
789.00 |
868.00 |
944.00 |
|
2,000.00 |
437.00 |
624.00 |
723.00 |
807.00 |
887.00 |
965.00 |
|
2,050.00 |
446.00 |
637.00 |
739.00 |
824.00 |
906.00 |
986.00 |
|
2,100.00 |
455.00 |
650.00 |
754.00 |
840.00 |
924.00 |
1,006.00 |
|
2,150.00 |
465.00 |
663.00 |
769.00 |
857.00 |
943.00 |
1,026.00 |
|
2,200.00 |
474.00 |
676.00 |
783.00 |
873.00 |
961.00 |
1,045.00 |
|
2,250.00 |
483.00 |
688.00 |
798.00 |
890.00 |
979.00 |
1,065.00 |
|
2,300.00 |
492.00 |
701.00 |
813.00 |
907.00 |
997.00 |
1,085.00 |
|
2,350.00 |
501.00 |
714.00 |
828.00 |
923.00 |
1,016.00 |
1,105.00 |
|
2,400.00 |
510.00 |
727.00 |
843.00 |
940.00 |
1,034.00 |
1,125.00 |
|
2,450.00 |
519.00 |
740.00 |
858.00 |
956.00 |
1,052.00 |
1,145.00 |
|
2,500.00 |
528.00 |
752.00 |
873.00 |
973.00 |
1,070.00 |
1,165.00 |
|
2,550.00 |
537.00 |
765.00 |
888.00 |
990.00 |
1,089.00 |
1,184.00 |
|
2,600.00 |
547.00 |
778.00 |
902.00 |
1,006.00 |
1,107.00 |
1,204.00 |
|
2,650.00 |
556.00 |
791.00 |
917.00 |
1,023.00 |
1,125.00 |
1,224.00 |
|
2,700.00 |
565.00 |
804.00 |
932.00 |
1,039.00 |
1,143.00 |
1,244.00 |
|
2,750.00 |
574.00 |
816.00 |
947.00 |
1,056.00 |
1,162.00 |
1,264.00 |
|
2,800.00 |
583.00 |
829.00 |
962.00 |
1,073.00 |
1,180.00 |
1,284.00 |
|
2,850.00 |
592.00 |
842.00 |
977.00 |
1,089.00 |
1,198.00 |
1,303.00 |
|
2,900.00 |
601.00 |
855.00 |
992.00 |
1,106.00 |
1,216.00 |
1,323.00 |
|
2,950.00 |
611.00 |
868.00 |
1,006.00 |
1,122.00 |
1,234.00 |
1,343.00 |
|
3,000.00 |
620.00 |
881.00 |
1,021.00 |
1,139.00 |
1,253.00 |
1,363.00 |
|
3,050.00 |
629.00 |
893.00 |
1,036.00 |
1,155.00 |
1,271.00 |
1,383.00 |
|
3,100.00 |
638.00 |
906.00 |
1,051.00 |
1,172.00 |
1,289.00 |
1,402.00 |
|
3,150.00 |
647.00 |
919.00 |
1,066.00 |
1,188.00 |
1,307.00 |
1,422.00 |
|
3,200.00 |
655.00 |
930.00 |
1,079.00 |
1,203.00 |
1,323.00 |
1,440.00 |
|
3,250.00 |
663.00 |
941.00 |
1,092.00 |
1,217.00 |
1,339.00 |
1,457.00 |
|
3,300.00 |
671.00 |
952.00 |
1,104.00 |
1,231.00 |
1,355.00 |
1,474.00 |
|
3,350.00 |
679.00 |
963.00 |
1,117.00 |
1,246.00 |
1,370.00 |
1,491.00 |
|
3,400.00 |
687.00 |
974.00 |
1,130.00 |
1,260.00 |
1,386.00 |
1,508.00 |
|
3,450.00 |
694.00 |
985.00 |
1,143.00 |
1,274.00 |
1,402.00 |
1,525.00 |
|
3,500.00 |
702.00 |
996.00 |
1,155.00 |
1,288.00 |
1,417.00 |
1,542.00 |
|
3,550.00 |
710.00 |
1,008.00 |
1,168.00 |
1,303.00 |
1,433.00 |
1,559.00 |
|
3,600.00 |
718.00 |
1,019.00 |
1,181.00 |
1,317.00 |
1,448.00 |
1,576.00 |
|
3,650.00 |
726.00 |
1,030.00 |
1,194.00 |
1,331.00 |
1,464.00 |
1,593.00 |
|
3,700.00 |
734.00 |
1,041.00 |
1,207.00 |
1,345.00 |
1,480.00 |
1,610.00 |
|
3,750.00 |
741.00 |
1,051.00 |
1,219.00 |
1,359.00 |
1,495.00 |
1,627.00 |
|
3,800.00 |
749.00 |
1,062.00 |
1,231.00 |
1,373.00 |
1,510.00 |
1,643.00 |
|
3,850.00 |
756.00 |
1,072.00 |
1,243.00 |
1,386.00 |
1,525.00 |
1,659.00 |
|
3,900.00 |
764.00 |
1,083.00 |
1,255.00 |
1,400.00 |
1,540.00 |
1,675.00 |
|
3,950.00 |
771.00 |
1,093.00 |
1,267.00 |
1,413.00 |
1,555.00 |
1,691.00 |
|
4,000.00 |
779.00 |
1,104.00 |
1,280.00 |
1,427.00 |
1,569.00 |
1,707.00 |
|
4,050.00 |
786.00 |
1,114.00 |
1,292.00 |
1,440.00 |
1,584.00 |
1,724.00 |
|
4,100.00 |
794.00 |
1,125.00 |
1,304.00 |
1,454.00 |
1,599.00 |
1,740.00 |
|
4,150.00 |
801.00 |
1,135.00 |
1,316.00 |
1,467.00 |
1,614.00 |
1,756.00 |
|
4,200.00 |
809.00 |
1,146.00 |
1,328.00 |
1,481.00 |
1,629.00 |
1,772.00 |
|
4,250.00 |
816.00 |
1,156.00 |
1,340.00 |
1,494.00 |
1,643.00 |
1,788.00 |
|
4,300.00 |
824.00 |
1,167.00 |
1,352.00 |
1,508.00 |
1,658.00 |
1,804.00 |
|
4,350.00 |
831.00 |
1,177.00 |
1,364.00 |
1,521.00 |
1,673.00 |
1,820.00 |
|
4,400.00 |
839.00 |
1,188.00 |
1,376.00 |
1,534.00 |
1,688.00 |
1,836.00 |
|
4,450.00 |
846.00 |
1,198.00 |
1,388.00 |
1,548.00 |
1,703.00 |
1,853.00 |
|
4,500.00 |
853.00 |
1,209.00 |
1,400.00 |
1,561.00 |
1,718.00 |
1,869.00 |
|
4,550.00 |
861.00 |
1,219.00 |
1,412.00 |
1,575.00 |
1,732.00 |
1,885.00 |
|
4,600.00 |
868.00 |
1,230.00 |
1,425.00 |
1,588.00 |
1,747.00 |
1,901.00 |
|
4,650.00 |
876.00 |
1,240.00 |
1,437.00 |
1,602.00 |
1,762.00 |
1,917.00 |
|
4,700.00 |
883.00 |
1,251.00 |
1,449.00 |
1,615.00 |
1,777.00 |
1,933.00 |
|
4,750.00 |
891.00 |
1,261.00 |
1,461.00 |
1,629.00 |
1,792.00 |
1,949.00 |
|
4,800.00 |
898.00 |
1,271.00 |
1,473.00 |
1,642.00 |
1,807.00 |
1,966.00 |
|
4,850.00 |
906.00 |
1,282.00 |
1,485.00 |
1,656.00 |
1,821.00 |
1,982.00 |
|
4,900.00 |
911.00 |
1,289.00 |
1,493.00 |
1,664.00 |
1,831.00 |
1,992.00 |
|
4,950.00 |
914.00 |
1,293.00 |
1,496.00 |
1,668.00 |
1,835.00 |
1,997.00 |
|
5,000.00 |
917.00 |
1,297.00 |
1,500.00 |
1,672.00 |
1,839.00 |
2,001.00 |
|
5,050.00 |
921.00 |
1,300.00 |
1,503.00 |
1,676.00 |
1,844.00 |
2,006.00 |
|
5,100.00 |
924.00 |
1,304.00 |
1,507.00 |
1,680.00 |
1,848.00 |
2,011.00 |
|
5,150.00 |
927.00 |
1,308.00 |
1,510.00 |
1,684.00 |
1,852.00 |
2,015.00 |
|
5,200.00 |
930.00 |
1,312.00 |
1,514.00 |
1,688.00 |
1,857.00 |
2,020.00 |
|
5,250.00 |
934.00 |
1,316.00 |
1,517.00 |
1,692.00 |
1,861.00 |
2,025.00 |
|
5,300.00 |
937.00 |
1,320.00 |
1,521.00 |
1,696.00 |
1,865.00 |
2,029.00 |
|
5,350.00 |
940.00 |
1,323.00 |
1,524.00 |
1,700.00 |
1,870.00 |
2,034.00 |
|
5,400.00 |
943.00 |
1,327.00 |
1,528.00 |
1,704.00 |
1,874.00 |
2,039.00 |
|
5,450.00 |
947.00 |
1,331.00 |
1,531.00 |
1,708.00 |
1,878.00 |
2,044.00 |
|
5,500.00 |
950.00 |
1,335.00 |
1,535.00 |
1,711.00 |
1,883.00 |
2,048.00 |
|
5,550.00 |
953.00 |
1,339.00 |
1,538.00 |
1,715.00 |
1,887.00 |
2,053.00 |
|
5,600.00 |
956.00 |
1,342.00 |
1,542.00 |
1,719.00 |
1,891.00 |
2,058.00 |
|
5,650.00 |
960.00 |
1,347.00 |
1,546.00 |
1,724.00 |
1,896.00 |
2,063.00 |
|
5,700.00 |
964.00 |
1,352.00 |
1,552.00 |
1,731.00 |
1,904.00 |
2,071.00 |
|
5,750.00 |
968.00 |
1,357.00 |
1,558.00 |
1,737.00 |
1,911.00 |
2,079.00 |
|
5,800.00 |
971.00 |
1,363.00 |
1,564.00 |
1,744.00 |
1,918.00 |
2,087.00 |
|
5,850.00 |
975.00 |
1,368.00 |
1,570.00 |
1,750.00 |
1,925.00 |
2,094.00 |
|
5,900.00 |
979.00 |
1,373.00 |
1,575.00 |
1,757.00 |
1,932.00 |
2,102.00 |
|
5,950.00 |
983.00 |
1,379.00 |
1,581.00 |
1,763.00 |
1,939.00 |
2,110.00 |
|
6,000.00 |
987.00 |
1,384.00 |
1,587.00 |
1,770.00 |
1,947.00 |
2,118.00 |
|
6,050.00 |
991.00 |
1,389.00 |
1,593.00 |
1,776.00 |
1,954.00 |
2,126.00 |
|
6,100.00 |
995.00 |
1,394.00 |
1,599.00 |
1,783.00 |
1,961.00 |
2,133.00 |
|
6,150.00 |
999.00 |
1,400.00 |
1,605.00 |
1,789.00 |
1,968.00 |
2,141.00 |
|
6,200.00 |
1,003.00 |
1,405.00 |
1,610.00 |
1,796.00 |
1,975.00 |
2,149.00 |
|
6,250.00 |
1,007.00 |
1,410.00 |
1,616.00 |
1,802.00 |
1,982.00 |
2,157.00 |
|
6,300.00 |
1,011.00 |
1,416.00 |
1,622.00 |
1,809.00 |
1,989.00 |
2,164.00 |
|
6,350.00 |
1,015.00 |
1,421.00 |
1,628.00 |
1,815.00 |
1,996.00 |
2,172.00 |
|
6,400.00 |
1,018.00 |
1,426.00 |
1,633.00 |
1,821.00 |
2,003.00 |
2,180.00 |
|
6,450.00 |
1,023.00 |
1,432.00 |
1,639.00 |
1,828.00 |
2,011.00 |
2,188.00 |
|
6,500.00 |
1,027.00 |
1,437.00 |
1,646.00 |
1,835.00 |
2,018.00 |
2,196.00 |
|
6,550.00 |
1,031.00 |
1,442.00 |
1,652.00 |
1,841.00 |
2,026.00 |
2,204.00 |
|
6,600.00 |
1,035.00 |
1,448.00 |
1,658.00 |
1,848.00 |
2,033.00 |
2,212.00 |
|
6,650.00 |
1,039.00 |
1,453.00 |
1,664.00 |
1,855.00 |
2,040.00 |
2,220.00 |
|
6,700.00 |
1,043.00 |
1,459.00 |
1,670.00 |
1,862.00 |
2,048.00 |
2,228.00 |
|
6,750.00 |
1,047.00 |
1,464.00 |
1,676.00 |
1,869.00 |
2,055.00 |
2,236.00 |
|
6,800.00 |
1,051.00 |
1,470.00 |
1,682.00 |
1,875.00 |
2,063.00 |
2,244.00 |
|
6,850.00 |
1,055.00 |
1,475.00 |
1,688.00 |
1,882.00 |
2,070.00 |
2,252.00 |
|
6,900.00 |
1,059.00 |
1,480.00 |
1,694.00 |
1,889.00 |
2,078.00 |
2,260.00 |
|
6,950.00 |
1,063.00 |
1,486.00 |
1,700.00 |
1,896.00 |
2,085.00 |
2,269.00 |
|
7,000.00 |
1,067.00 |
1,491.00 |
1,706.00 |
1,902.00 |
2,092.00 |
2,277.00 |
|
7,050.00 |
1,071.00 |
1,497.00 |
1,712.00 |
1,909.00 |
2,100.00 |
2,285.00 |
|
7,100.00 |
1,075.00 |
1,502.00 |
1,718.00 |
1,916.00 |
2,107.00 |
2,293.00 |
|
7,150.00 |
1,079.00 |
1,508.00 |
1,724.00 |
1,923.00 |
2,115.00 |
2,301.00 |
|
7,200.00 |
1,083.00 |
1,513.00 |
1,730.00 |
1,929.00 |
2,122.00 |
2,309.00 |
|
7,250.00 |
1,087.00 |
1,518.00 |
1,736.00 |
1,936.00 |
2,130.00 |
2,317.00 |
|
7,300.00 |
1,092.00 |
1,524.00 |
1,742.00 |
1,943.00 |
2,137.00 |
2,325.00 |
|
7,350.00 |
1,096.00 |
1,529.00 |
1,748.00 |
1,950.00 |
2,144.00 |
2,333.00 |
|
7,400.00 |
1,100.00 |
1,535.00 |
1,755.00 |
1,956.00 |
2,152.00 |
2,341.00 |
|
7,450.00 |
1,104.00 |
1,540.00 |
1,761.00 |
1,963.00 |
2,159.00 |
2,349.00 |
|
7,500.00 |
1,108.00 |
1,546.00 |
1,767.00 |
1,970.00 |
2,167.00 |
2,357.00 |
|
7,550.00 |
1,112.00 |
1,552.00 |
1,773.00 |
1,977.00 |
2,175.00 |
2,366.00 |
|
7,600.00 |
1,116.00 |
1,556.00 |
1,778.00 |
1,983.00 |
2,181.00 |
2,373.00 |
|
7,650.00 |
1,117.00 |
1,557.00 |
1,779.00 |
1,984.00 |
2,182.00 |
2,375.00 |
|
7,700.00 |
1,118.00 |
1,559.00 |
1,781.00 |
1,986.00 |
2,184.00 |
2,376.00 |
|
7,750.00 |
1,119.00 |
1,560.00 |
1,782.00 |
1,987.00 |
2,186.00 |
2,378.00 |
|
7,800.00 |
1,120.00 |
1,562.00 |
1,784.00 |
1,989.00 |
2,188.00 |
2,380.00 |
|
7,850.00 |
1,122.00 |
1,563.00 |
1,785.00 |
1,990.00 |
2,189.00 |
2,382.00 |
|
7,900.00 |
1,123.00 |
1,565.00 |
1,786.00 |
1,992.00 |
2,191.00 |
2,384.00 |
|
7,950.00 |
1,124.00 |
1,566.00 |
1,788.00 |
1,993.00 |
2,193.00 |
2,386.00 |
|
8,000.00 |
1,125.00 |
1,567.00 |
1,789.00 |
1,995.00 |
2,194.00 |
2,387.00 |
|
8,050.00 |
1,127.00 |
1,569.00 |
1,790.00 |
1,996.00 |
2,196.00 |
2,389.00 |
|
8,100.00 |
1,128.00 |
1,570.00 |
1,792.00 |
1,998.00 |
2,198.00 |
2,391.00 |
|
8,150.00 |
1,129.00 |
1,572.00 |
1,793.00 |
1,999.00 |
2,199.00 |
2,393.00 |
|
8,200.00 |
1,130.00 |
1,573.00 |
1,795.00 |
2,001.00 |
2,201.00 |
2,395.00 |
|
8,250.00 |
1,131.00 |
1,575.00 |
1,796.00 |
2,003.00 |
2,203.00 |
2,397.00 |
|
8,300.00 |
1,133.00 |
1,576.00 |
1,797.00 |
2,004.00 |
2,204.00 |
2,398.00 |
|
8,350.00 |
1,134.00 |
1,578.00 |
1,799.00 |
2,006.00 |
2,206.00 |
2,400.00 |
|
8,400.00 |
1,135.00 |
1,579.00 |
1,800.00 |
2,007.00 |
2,208.00 |
2,402.00 |
|
8,450.00 |
1,136.00 |
1,580.00 |
1,802.00 |
2,009.00 |
2,210.00 |
2,404.00 |
|
8,500.00 |
1,138.00 |
1,582.00 |
1,803.00 |
2,010.00 |
2,211.00 |
2,406.00 |
|
8,550.00 |
1,139.00 |
1,583.00 |
1,804.00 |
2,012.00 |
2,213.00 |
2,408.00 |
|
8,600.00 |
1,140.00 |
1,585.00 |
1,806.00 |
2,013.00 |
2,215.00 |
2,410.00 |
|
8,650.00 |
1,141.00 |
1,586.00 |
1,807.00 |
2,015.00 |
2,216.00 |
2,411.00 |
|
8,700.00 |
1,142.00 |
1,588.00 |
1,808.00 |
2,016.00 |
2,218.00 |
2,413.00 |
|
8,750.00 |
1,144.00 |
1,589.00 |
1,810.00 |
2,018.00 |
2,220.00 |
2,415.00 |
|
8,800.00 |
1,145.00 |
1,591.00 |
1,811.00 |
2,019.00 |
2,221.00 |
2,417.00 |
|
8,850.00 |
1,146.00 |
1,592.00 |
1,813.00 |
2,021.00 |
2,223.00 |
2,419.00 |
|
8,900.00 |
1,147.00 |
1,593.00 |
1,814.00 |
2,023.00 |
2,225.00 |
2,421.00 |
|
8,950.00 |
1,149.00 |
1,595.00 |
1,815.00 |
2,024.00 |
2,226.00 |
2,422.00 |
|
9,000.00 |
1,150.00 |
1,596.00 |
1,817.00 |
2,026.00 |
2,228.00 |
2,424.00 |
|
9,050.00 |
1,153.00 |
1,601.00 |
1,822.00 |
2,032.00 |
2,235.00 |
2,431.00 |
|
9,100.00 |
1,159.00 |
1,609.00 |
1,831.00 |
2,042.00 |
2,246.00 |
2,443.00 |
|
9,150.00 |
1,164.00 |
1,617.00 |
1,840.00 |
2,052.00 |
2,257.00 |
2,455.00 |
|
9,200.00 |
1,170.00 |
1,624.00 |
1,849.00 |
2,062.00 |
2,268.00 |
2,467.00 |
|
9,250.00 |
1,175.00 |
1,632.00 |
1,858.00 |
2,071.00 |
2,279.00 |
2,479.00 |
|
9,300.00 |
1,181.00 |
1,640.00 |
1,867.00 |
2,081.00 |
2,290.00 |
2,491.00 |
|
9,350.00 |
1,187.00 |
1,648.00 |
1,876.00 |
2,091.00 |
2,301.00 |
2,503.00 |
|
9,400.00 |
1,192.00 |
1,656.00 |
1,885.00 |
2,101.00 |
2,311.00 |
2,515.00 |
|
9,450.00 |
1,198.00 |
1,663.00 |
1,894.00 |
2,111.00 |
2,322.00 |
2,527.00 |
|
9,500.00 |
1,203.00 |
1,671.00 |
1,902.00 |
2,121.00 |
2,333.00 |
2,539.00 |
|
9,550.00 |
1,209.00 |
1,679.00 |
1,911.00 |
2,131.00 |
2,344.00 |
2,551.00 |
|
9,600.00 |
1,214.00 |
1,687.00 |
1,920.00 |
2,141.00 |
2,355.00 |
2,563.00 |
|
9,650.00 |
1,220.00 |
1,694.00 |
1,929.00 |
2,151.00 |
2,366.00 |
2,574.00 |
|
9,700.00 |
1,226.00 |
1,702.00 |
1,938.00 |
2,161.00 |
2,377.00 |
2,586.00 |
|
9,750.00 |
1,231.00 |
1,710.00 |
1,947.00 |
2,171.00 |
2,388.00 |
2,598.00 |
|
9,800.00 |
1,237.00 |
1,718.00 |
1,956.00 |
2,181.00 |
2,399.00 |
2,610.00 |
|
9,850.00 |
1,242.00 |
1,725.00 |
1,965.00 |
2,191.00 |
2,410.00 |
2,622.00 |
|
9,900.00 |
1,248.00 |
1,733.00 |
1,974.00 |
2,201.00 |
2,421.00 |
2,634.00 |
|
9,950.00 |
1,253.00 |
1,741.00 |
1,983.00 |
2,211.00 |
2,432.00 |
2,646.00 |
|
10,000.00 |
1,259.00 |
1,749.00 |
1,992.00 |
2,221.00 |
2,443.00 |
2,658.00 |
|
10,050.00 |
1,264.00 |
1,757.00 |
2,001.00 |
2,231.00 |
2,454.00 |
2,670.00 |
|
10,100.00 |
1,270.00 |
1,764.00 |
2,010.00 |
2,241.00 |
2,465.00 |
2,682.00 |
|
10,150.00 |
1,276.00 |
1,772.00 |
2,019.00 |
2,251.00 |
2,476.00 |
2,694.00 |
|
10,200.00 |
1,281.00 |
1,780.00 |
2,028.00 |
2,261.00 |
2,487.00 |
2,706.00 |
|
10,250.00 |
1,287.00 |
1,788.00 |
2,036.00 |
2,271.00 |
2,498.00 |
2,718.00 |
|
10,300.00 |
1,292.00 |
1,795.00 |
2,045.00 |
2,281.00 |
2,509.00 |
2,729.00 |
|
10,350.00 |
1,298.00 |
1,803.00 |
2,054.00 |
2,291.00 |
2,520.00 |
2,741.00 |
|
10,400.00 |
1,303.00 |
1,811.00 |
2,063.00 |
2,301.00 |
2,531.00 |
2,753.00 |
|
10,450.00 |
1,309.00 |
1,819.00 |
2,072.00 |
2,311.00 |
2,542.00 |
2,765.00 |
|
10,500.00 |
1,313.00 |
1,825.00 |
2,079.00 |
2,318.00 |
2,550.00 |
2,774.00 |
|
10,550.00 |
1,317.00 |
1,830.00 |
2,085.00 |
2,325.00 |
2,557.00 |
2,782.00 |
|
10,600.00 |
1,321.00 |
1,835.00 |
2,091.00 |
2,331.00 |
2,564.00 |
2,790.00 |
|
10,650.00 |
1,325.00 |
1,841.00 |
2,096.00 |
2,338.00 |
2,571.00 |
2,798.00 |
|
10,700.00 |
1,329.00 |
1,846.00 |
2,102.00 |
2,344.00 |
2,578.00 |
2,805.00 |
|
10,750.00 |
1,332.00 |
1,851.00 |
2,108.00 |
2,351.00 |
2,586.00 |
2,813.00 |
|
10,800.00 |
1,336.00 |
1,856.00 |
2,114.00 |
2,357.00 |
2,593.00 |
2,821.00 |
|
10,850.00 |
1,340.00 |
1,862.00 |
2,120.00 |
2,364.00 |
2,600.00 |
2,829.00 |
|
10,900.00 |
1,344.00 |
1,867.00 |
2,126.00 |
2,370.00 |
2,607.00 |
2,836.00 |
|
10,950.00 |
1,348.00 |
1,872.00 |
2,131.00 |
2,377.00 |
2,614.00 |
2,844.00 |
|
11,000.00 |
1,351.00 |
1,877.00 |
2,137.00 |
2,383.00 |
2,621.00 |
2,852.00 |
|
11,050.00 |
1,355.00 |
1,883.00 |
2,143.00 |
2,390.00 |
2,628.00 |
2,860.00 |
|
11,100.00 |
1,359.00 |
1,888.00 |
2,149.00 |
2,396.00 |
2,636.00 |
2,868.00 |
|
11,150.00 |
1,363.00 |
1,893.00 |
2,155.00 |
2,403.00 |
2,643.00 |
2,875.00 |
|
11,200.00 |
1,367.00 |
1,898.00 |
2,161.00 |
2,409.00 |
2,650.00 |
2,883.00 |
|
11,250.00 |
1,371.00 |
1,904.00 |
2,166.00 |
2,415.00 |
2,657.00 |
2,891.00 |
|
11,300.00 |
1,374.00 |
1,909.00 |
2,172.00 |
2,422.00 |
2,664.00 |
2,899.00 |
|
11,350.00 |
1,378.00 |
1,914.00 |
2,178.00 |
2,428.00 |
2,671.00 |
2,906.00 |
|
11,400.00 |
1,382.00 |
1,919.00 |
2,184.00 |
2,435.00 |
2,678.00 |
2,914.00 |
|
11,450.00 |
1,386.00 |
1,925.00 |
2,190.00 |
2,441.00 |
2,686.00 |
2,922.00 |
|
11,500.00 |
1,390.00 |
1,930.00 |
2,195.00 |
2,448.00 |
2,693.00 |
2,930.00 |
|
11,550.00 |
1,394.00 |
1,935.00 |
2,201.00 |
2,454.00 |
2,700.00 |
2,938.00 |
|
11,600.00 |
1,397.00 |
1,940.00 |
2,207.00 |
2,461.00 |
2,707.00 |
2,945.00 |
|
11,650.00 |
1,401.00 |
1,946.00 |
2,213.00 |
2,467.00 |
2,714.00 |
2,953.00 |
|
11,700.00 |
1,405.00 |
1,951.00 |
2,219.00 |
2,474.00 |
2,721.00 |
2,961.00 |
|
11,750.00 |
1,409.00 |
1,956.00 |
2,225.00 |
2,480.00 |
2,728.00 |
2,969.00 |
|
11,800.00 |
1,413.00 |
1,961.00 |
2,230.00 |
2,487.00 |
2,736.00 |
2,976.00 |
|
11,850.00 |
1,417.00 |
1,967.00 |
2,236.00 |
2,493.00 |
2,743.00 |
2,984.00 |
|
11,900.00 |
1,420.00 |
1,972.00 |
2,242.00 |
2,500.00 |
2,750.00 |
2,992.00 |
|
11,950.00 |
1,424.00 |
1,977.00 |
2,248.00 |
2,506.00 |
2,757.00 |
3,000.00 |
|
12,000.00 |
1,428.00 |
1,982.00 |
2,254.00 |
2,513.00 |
2,764.00 |
3,007.00 |
|
12,050.00 |
1,432.00 |
1,988.00 |
2,260.00 |
2,519.00 |
2,771.00 |
3,015.00 |
|
12,100.00 |
1,436.00 |
1,993.00 |
2,265.00 |
2,526.00 |
2,779.00 |
3,023.00 |
|
12,150.00 |
1,439.00 |
1,998.00 |
2,271.00 |
2,532.00 |
2,786.00 |
3,031.00 |
|
12,200.00 |
1,443.00 |
2,003.00 |
2,277.00 |
2,539.00 |
2,793.00 |
3,039.00 |
|
12,250.00 |
1,447.00 |
2,009.00 |
2,283.00 |
2,545.00 |
2,800.00 |
3,046.00 |
|
12,300.00 |
1,451.00 |
2,014.00 |
2,289.00 |
2,552.00 |
2,807.00 |
3,054.00 |
|
12,350.00 |
1,455.00 |
2,019.00 |
2,295.00 |
2,558.00 |
2,814.00 |
3,062.00 |
|
12,400.00 |
1,459.00 |
2,024.00 |
2,300.00 |
|||