Learn More>>Child Support>>Income Suppression

If a parent is deliberately suppressing his/her income by choosing not to work, working less than what is reasonable under the circumstances, or performing a job earning less than what would be possible given one's education and experience, a Court may adjust the gross income of that parent upward for purposes of the Georgia child support guidelines.

 In determining whether a parent is willfully or voluntarily unemployed or underemployed, the Court shall assess the reasons for the parent's occupational choices and determine the reasonableness of these choices in light of the parent's 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 parent's income. In determining willful or voluntary unemployment or underemployment, the Court can 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 the parent's past and present employment, the parent's education and training, whether unemployment or underemployment for the purpose of pursuing additional training or education is reasonable in light of the parent's 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 parent's level of support for that child in the future, a parent's 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, the parent's own health and ability to work outside the home; and the parent's 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 parent's ability to work outside the home, and the need of that parent to continue in the role of caretaker in the future.

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