What Georgia law actually says about custody, parenting time, and money.
You’re not alone if you’ve asked this. Many parents feel confused or even frustrated when they’re the primary caregiver—yet are still expected to pay child support. It doesn’t seem to add up.
But here’s the thing: child support and physical custody aren’t always directly linked—especially not in Georgia.
Let’s clear up the confusion.
Custody vs. Parenting Time vs. Child Support
Think of these as three separate boxes:
- Custody = who has legal decision-making power
- Parenting Time = how often the child stays with each parent
- Child Support = money to help cover the child’s living expenses
You might have more overnights with the child—but the support order could still be based on old custody terms or income figures. That’s where the mismatch happens.
So Why Are You Still Paying?
Here are some common reasons:
- Your court order hasn’t been updated
Even if your child lives with you more now, the original child support order may still reflect a different schedule. Until it’s changed officially through the court, it stays in effect. - Income imbalance
If you earn more than the other parent—even with more parenting time—you could still owe support under Georgia’s Child Support Guidelines. - You never filed for a change
Life changes fast. Custody shifts, job changes, relocations—but unless you file a Modification of Child Support, the system assumes nothing’s changed.
Real Talk: The Georgia Numbers
According to the Georgia Child Support Commission, child support is calculated using an Income Shares Model. This means both parents’ incomes are used to determine the total support amount, and each is assigned a portion.
So even if the child lives with you 60% of the time, if your income is significantly higher, the court may expect you to continue contributing financially.
Still feel it’s unfair? You may be right—but you won’t know for sure without a legal review.
What You Can Do Now
Document everything – Save text messages, calendar logs, or school communication that shows the child is primarily in your care.
Request a modification – A family law attorney can file to adjust your current order and recalculate support based on today’s reality.
Don’t stop paying – Until the court grants your request, you’re legally obligated to follow the current order—even if it feels wrong.
Need Help Fixing a Support Order That No Longer Makes Sense?
We’ve helped countless Georgia parents update their child support agreements when life takes a turn.
Contact Catherine Verdery Ryan today to review your case and protect what matters most—your child, your peace of mind, and your financial stability.