Many couples seek to resolve their differences and divorce amicably. Often, as part of their discussions regarding divorce, they agree that no child support will exchange hands. Sometimes the agreement is based on a promise that both parents will continue to provide everything the children need. Other times it is based on an agreement that both parents will have equal time with the children, so neither should have to pay the other any child support. Sometimes there are extenuating circumstances that just make it seem fair to both parties.
Whatever the reason, most couples making such an agreement fail to realize that Georgia law requires the Court to calculate and order child support in every case involving minor children. There are ways to deviate from the calculated child support amount to account for different scenarios, such a reducing child support to account for a variance in parenting time, or provide a credit to the noncustodial parent for equity that parent is relinquishing in the marital residence. But, in ever case, the child support must be ordered and then adjusted for the particular circumstances of that couple. Only in very rare cases are there sufficient circumstances to justify adjustments that take child support down to zero.
If you are attempting to resolve your divorce amicably, you are encouraged to consult with an attorney about the terms of your divorce agreement, particularly to ensure that the child support agreement meets the statutory requirements. Please contact us at 678-535-3232 if you would like to schedule a consultation with an attorney to discuss your case and ensure you are complying with Georgia law.