Georgia Child Support Statute Changes (Effective January 1, 2026)

Georgia has enacted significant updates to its child support laws, and these changes will directly affect how support is calculated—especially for noncustodial parents who exercise substantial parenting time.

Below is a clear breakdown of what is changing, why it matters, and how it may impact your current or future child support order.

What Is Changing?

Under the new law, the Court must adjust the noncustodial parent’s share of the basic child support obligation to account for expenses the noncustodial parent incurs during court-ordered parenting time.

Key Change

Parenting time is now mandatory in the calculation of child support — not optional.

This is a major shift. Under current law, parenting time adjustments are discretionary deviations. Beginning January 1, 2026, the adjustment becomes required whenever a custody or visitation order includes court-ordered parenting time.

This change is contained in O.C.G.A. § 19-6-15(b)(5.1), with detailed instructions for how the adjustment must be calculated on Child Support Schedule C – Parenting Time Adjustment.

Why Georgia Is Implementing This Change

The existing child support schedule is built on the costs of raising children in an intact household. The State calculates the “total household” child-rearing expenses and divides those obligations based on each parent’s percentage of combined income.

For example:
If the total child support obligation is $1,000 and the noncustodial parent earns 75% of the combined income, their presumptive support is $750.

However, this method does not account for the noncustodial parent’s real-world child-rearing expenses during their parenting time—such as food, clothing, transportation, personal care, etc.

The new statute is designed to correct that imbalance. As more parents exercise expanded visitation or joint physical custody schedules, Georgia’s child support system must reflect the realities of modern co-parenting.

What This Means for You

If You Already Have a Child Support Order

You may now qualify for a child support modification, but only if your case meets Georgia’s legal requirements:

  • It has been at least two years since your last order; and

  • There has been a significant change in income for one parent or

  • A significant change in the child’s needs.

If you are a noncustodial parent who exercises more than “standard” visitation or a near-joint schedule, this new law may reduce your support obligation.

For New Custody or Visitation Orders After January 1, 2026

The Court is required to include the parenting time calculation in every new child support worksheet.

This means:

  • If you are awarded expanded parenting time, your support amount may decrease.

  • If the custodial parent earns significantly more, the custodial parent could—under the formula—be responsible for a higher share of support.

It’s important to remember that your current incomes (both parents) will still factor heavily into the new calculation, so running the numbers before filing is essential.

Tools to Help You Calculate Parenting Time

You can access the Georgia Child Support Worksheet online:
https://csconlinecalc.georgiacourts.gov/frontend/web/index.php

On this page you will also find:

  • A Parenting Time Formula Tool

  • A tutorial video to help you understand the upcoming changes

Once the new law takes effect in 2026, the parenting time tool will be integrated into the primary calculator.

A Helpful Tip

You can paste your parenting schedule into an AI search engine and ask it to calculate the number of parenting-time days per year. It is surprisingly accurate—just make sure to verify the final results before using them in court.

How to Take Advantage of This Change

If you believe this upcoming law may improve your child support situation—or if you’re unsure whether a modification could help—BB&T Law Group is here to guide you.

Call us at (770) 461-2025 to schedule a free consultation (phone or in-person) at your convenience.

Georgia Child Support Statute Changes

When: Effective 1/1/2026

What are the changes to Georgia’s Child Support Laws?

(5.1) Adjust the noncustodial parent’s share of the basic child support obligation to account for that parent’s expenses incurred during his or her court-ordered parenting time by following the steps in subsection (g) of this Code section. The determination of the parenting time adjustment shall be entered on the Child Support Schedule C – Parenting Time Adjustment. (O.C.G.A. § 19-6-15(b)(5.1))
Explanation: Whereas current law allows the court the ability to adjust the child support award based upon parenting time, the new law requires parenting time to be included as part of the calculation.

(g)

Parenting time adjustment in Georgia Child Support Laws

A. The amounts listed in Georgia’s basic child support obligation table are based on the typical expenses for a child in an intact family. Accordingly, there is no accounting for parenting time built into that table. When a noncustodial parent has court-ordered parenting time with a child, some of the expenses represented by the table amount are incurred by the noncustodial parent. Those expenses are accounted for in the parenting time adjustment.
B. The parenting time adjustment reduces the basic child support obligation amount for the noncustodial parent to account for court-ordered parenting time (as defined by “parenting time unit of measurement” in subsection (a)(17.1) of this Code section). This adjustment could reduce the noncustodial parent’s share of the basic child support obligation to zero or, in cases where the custodial parent’s gross income exceeds the noncustodial parent’s, increase the custodial parent’s obligation to an amount higher than the noncustodial parent’s.
C. For purposes of this Code section, a parent’s parenting time is measured as defined by “parenting time unit of measurement” in subsection (a)(17.1). Parenting time includes time with the child whether designated as visitation, physical custody, or parenting time. This adjustment applies only to court-ordered parenting time. If there is no court order awarding parenting time, the court shall determine child support without this adjustment.

Calculation of the parenting time adjustment

A. In the calculation below:
i. If there are multiple children with varying degrees of court-ordered parenting time, use the average number of court-ordered days.
ii. In split-parenting cases (subsection (l)), where two worksheets are prepared, use this parenting time adjustment on both worksheets.
B. Apply the following formula:

Raise to the 2.5 power the number of court-ordered days the noncustodial parent has with the child.

Raise to the 2.5 power the number of court-ordered days the custodial parent has with the child.

Multiply the result of step 1 by the dollar amount of the custodial parent’s share of the basic support obligation.

Multiply the result of step 2 by the dollar amount of the noncustodial parent’s share.

Subtract the result of step 4 from the result of step 3.

Divide the result of step 5 by the sum of steps 1 and 2.

Add the result of step 6 to the noncustodial parent’s basic child support obligation.

The result of step 7 is the noncustodial parent’s parenting time adjustment.
C. Enter the determination on Child Support Schedule C – Parenting Time Adjustment.

Why is this happening?

The current child support schedule is calculated based on the costs of raising children in an intact household. Support is calculated for the total household and then apportioned between the parents based on their pro rata share of total household income. For example, if the total child support obligation is $1,000 and you (the noncustodial parent) earn 75% of the household income, your presumptive obligation is $750. Other factors (e.g., health insurance, work-related childcare, private school tuition) can adjust this amount, but at its core it’s a simple pro rata split.
The new law adds the noncustodial parent’s costs (food, clothing, personal care, etc.) incurred during parenting time into the calculation.
What does this mean for you?
Currently the court may adjust support for these costs by discretionary deviation—meaning the court must find that you incur more child-rearing expenses because you exercise more than “standard visitation.” Although “standard” visitation was never formally defined, the old statute presumed every-other-weekend schedules. The General Assembly recognized that many parents now have joint physical custody or more frequent parenting time.
If you already exercise extra parenting time and your case meets modification requirements (at least two years since your last order and a significant change in income or child needs), you may be eligible to modify your support now.

For any new orders entered after January 1, 2026, the court must include your parenting time in the support calculation. So if you, as the noncustodial parent, are awarded more parenting time, your support obligation should decrease accordingly.

Bear in mind the recalculation still uses current incomes for both parents, so you may want to run the numbers before filing.
How to prepare:
Visit the Georgia Child Support Worksheet: https://csconlinecalc.georgiacourts.gov/frontend/web/index.php

Scroll down for the “Parenting Time Formula” tool (this will be integrated into the main calculator in 2026).

There’s also a tutorial video explaining how to use it.

Pro tip: Copy and paste your parenting time schedule into an AI tool (include all variables, like school district breaks) to calculate annual days. It’s often surprisingly accurate—but always double-check before filing.

How do I take advantage of this change?
Contact us at (770) 461-2025 to schedule a free consultation (phone or in-person) to discuss your options and how these changes may affect your child support.

Equine Estate Planning

Equine Estate Planning

Equine enthusiasts in Georgia share a deep bond with their horses and understand the importance of securing their welfare beyond their own lifetime. Equine estate planning is a crucial step in safeguarding these beloved animals and managing equine properties. This article explores comprehensive considerations and legal strategies for integrating horses into your estate plan, with a focus on pertinent Georgia case law and statutes.

Wills and Trusts in Georgia

In Georgia, including horses and equine properties in wills and trusts is governed by specific legal provisions. According to Georgia Code § 53-2-1, individuals have the right to devise their real and personal property, including horses, through a valid will. This allows owners to designate beneficiaries and specify how equine assets should be managed or distributed after their death.

Moreover, trusts offer a more flexible and detailed approach to managing equine assets. Georgia Code § 53-12-20 outlines the creation and administration of trusts, which can include provisions for the care, maintenance, and succession of horses. Trustees appointed under these trusts have fiduciary duties to ensure compliance with the deceased’s wishes and the proper care of the animals involved.

Tax Implications and Estate Planning

Estate planning for equine assets in Georgia must consider various tax implications. Under Georgia tax laws, estates exceeding certain thresholds may be subject to estate taxes. Additionally, property taxes on equine real estate holdings may apply, depending on the value and use classification of the property.

To mitigate tax liabilities, strategies such as gifting or charitable donations can be employed. These strategies not only reduce the taxable value of the estate but also support causes aligned with the deceased’s interests, including equine welfare organizations.

Detailed Care Instructions

Incorporating detailed care instructions for horses in estate plans is essential to ensure their ongoing welfare. Georgia law recognizes the enforceability of provisions that specify veterinary care, feeding regimes, housing requirements, and daily management practices for horses. Executors and trustees play a critical role in overseeing compliance with these instructions and ensuring that the animals receive adequate care as intended by the deceased.

Succession Planning for Equine Businesses

For equine business owners in Georgia, succession planning is vital to maintaining operational continuity. Business structures such as partnerships, limited liability companies (LLCs), or corporations should be carefully evaluated in the context of estate planning. Each structure offers different benefits and legal implications that can affect how equine assets are managed and transferred to future generations.

Consultation with Equine Law Professionals

Given the complexity of equine estate planning in North Georgia, consulting with experienced equine law attorneys is highly recommended. These professionals can provide tailored legal advice based on individual circumstances, ensure compliance with Georgia laws and regulations, and help navigate the intricacies of estate administration and probate processes.

By addressing these legal considerations and strategies, Georgia horse owners can create robust estate plans that protect the welfare of their horses and provide peace of mind for themselves and their loved ones.

For further guidance on equine estate planning specific to Georgia law, contact BB&T Law Group for further

Georgia Courts remain closed. That doesn’t mean that your legal options are closed.

Equine Estate Planning

Equine enthusiasts in Georgia share a deep bond with their horses and understand the importance of securing their welfare beyond their own lifetime. Equine estate planning is a crucial step in safeguarding these beloved animals and managing equine properties. This article explores comprehensive considerations and legal strategies for integrating horses into your estate plan, with a focus on pertinent Georgia case law and statutes.

Wills and Trusts in Georgia

In Georgia, including horses and equine properties in wills and trusts is governed by specific legal provisions. According to Georgia Code § 53-2-1, individuals have the right to devise their real and personal property, including horses, through a valid will. This allows owners to designate beneficiaries and specify how equine assets should be managed or distributed after their death.

Moreover, trusts offer a more flexible and detailed approach to managing equine assets. Georgia Code § 53-12-20 outlines the creation and administration of trusts, which can include provisions for the care, maintenance, and succession of horses. Trustees appointed under these trusts have fiduciary duties to ensure compliance with the deceased’s wishes and the proper care of the animals involved.

Tax Implications and Estate Planning

Estate planning for equine assets in Georgia must consider various tax implications. Under Georgia tax laws, estates exceeding certain thresholds may be subject to estate taxes. Additionally, property taxes on equine real estate holdings may apply, depending on the value and use classification of the property.

To mitigate tax liabilities, strategies such as gifting or charitable donations can be employed. These strategies not only reduce the taxable value of the estate but also support causes aligned with the deceased’s interests, including equine welfare organizations.

Detailed Care Instructions

Incorporating detailed care instructions for horses in estate plans is essential to ensure their ongoing welfare. Georgia law recognizes the enforceability of provisions that specify veterinary care, feeding regimes, housing requirements, and daily management practices for horses. Executors and trustees play a critical role in overseeing compliance with these instructions and ensuring that the animals receive adequate care as intended by the deceased.

Succession Planning for Equine Businesses

For equine business owners in Georgia, succession planning is vital to maintaining operational continuity. Business structures such as partnerships, limited liability companies (LLCs), or corporations should be carefully evaluated in the context of estate planning. Each structure offers different benefits and legal implications that can affect how equine assets are managed and transferred to future generations.

Consultation with Equine Law Professionals

Given the complexity of equine estate planning in North Georgia, consulting with experienced equine law attorneys is highly recommended. These professionals can provide tailored legal advice based on individual circumstances, ensure compliance with Georgia laws and regulations, and help navigate the intricacies of estate administration and probate processes.

By addressing these legal considerations and strategies, Georgia horse owners can create robust estate plans that protect the welfare of their horses and provide peace of mind for themselves and their loved ones.

For further guidance on equine estate planning specific to Georgia law, contact BB&T Law Group for further assistance.