Staff Analysis of the Legislation
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SB 427 amends Code Section 19-6-15 of the O.C.G.A. to change provisions relating to the court’s
discretion in making final determinations of child support. Courts shall take
into account obligor’s earnings, income, and other evidence of ability to pay
as well as the basic subsistence needs of the parents and child. If income
records do not exist, factors such as assets, residence, employment, job
skills, literacy, health, etc. shall be taken into account when imputing
income. A nonspecific deviation can be used when the court or jury finds the
noncustodial parent has a limited ability to pay the presumptive amount of
child support. Determination of employment status will not be made when the
individual’s incarceration prevents employment. Changes were also made allowing
the court to order parents to obtain other health insurance for the child even
if they are already enrolled in a public health care program. The final version
of this bill includes language from HB 654, relating to the filing of multiple
worksheets in cases with more than one child where one child may become ineligible
for support over the next two years. |