Georgia child support law is changing in 2026, and the update may matter for parents who already have a child support order as well as parents going through divorce, custody, legitimation, or modification proceedings now. The most important change for many families is that Georgia is replacing the old parenting time deviation with a new parenting time adjustment in the child support calculation. That means court-ordered parenting time will have a more direct role in the child support worksheet beginning January 1, 2026.^[1][2]

For parents in Savannah, Chatham County, and surrounding Georgia counties, the practical question is not simply “what changed?” The more important question is whether the 2026 update gives either parent a reason to review an existing child support order and consider whether a modification is appropriate. In some cases, the answer may be yes. In others, the current order may remain appropriate, or Georgia’s timing rules for modification may limit when a new petition can be filed.

This page explains the 2026 Georgia child support changes, how the new parenting time adjustment may affect support, and why parents with existing orders should speak with a Georgia family law attorney before assuming that their child support will automatically go up or down.

What Is Changing in Georgia Child Support in 2026?

Beginning January 1, 2026, Georgia’s child support calculation will include several important updates under revisions to O.C.G.A. § 19-6-15. The update changes how parenting time and low-income considerations are handled in the child support worksheet, and it also affects how certain credits and definitions are applied.^[3][4]

2026 child support issue	What changes	Why it may matter
Parenting time	The old parenting time deviation is replaced with a parenting time adjustment.	Parenting time may be reflected more directly in the support calculation.
Child support worksheet	The new calculation uses Schedule C for the parenting time adjustment.	Parents may need updated worksheets when seeking support or modification.
Low-income adjustment	The low-income deviation is replaced with a low-income adjustment.	Lower-income parents may have support calculated under a structured adjustment rather than a discretionary deviation.
Existing orders	Existing orders do not automatically change just because the law changes.	A parent may need to file for modification if there is a legal basis to change the order.
Modification timing	Georgia still has rules limiting repeated modification filings.	Parents should evaluate timing, facts, and exceptions before filing.

The Georgia Child Support Commission has described the 2026 calculator change as removing the Parenting Time Deviation and replacing it with a Parenting Time Adjustment. The Commission’s guidance states that the new adjustment will be used in a newly created Schedule C and that users will enter the number of parenting days for the noncustodial parent.^[5]

The New Parenting Time Adjustment

Under the 2026 version of O.C.G.A. § 19-6-15, a “parenting time adjustment” means an adjustment that reduces the basic child support obligation owed by the noncustodial parent to account for expenses incurred during that parent’s court-ordered parenting time.^[6]

This is a significant shift because parenting time has long been relevant in child support cases, but the prior parenting time deviation was not always applied in a uniform way. Under the 2026 structure, parenting time becomes part of the calculation process through the worksheet rather than being handled only as a discretionary deviation issue.^[7][8]

The 2026 version of O.C.G.A. § 19-6-15 defines “parenting time adjustment” as “an adjustment reducing the basic child support obligation amount owed by the noncustodial parent to account for expenses incurred during that parent’s court ordered parenting time.”^[9]

The statute also defines how parenting time is measured for the adjustment. Parenting time is determined by calculating the number of days a parent spends with the child in a two-year period for an annual average. In general, “days” means overnights, although the statute also accounts for certain shorter but regular and recurring daytime periods by converting annual hours into days.^[10]

For many parents, this means that the details of the parenting plan matter. A parent’s actual financial result may depend on the number of court-ordered parenting days, whether the order reflects the real parenting schedule, and whether the noncustodial parent is actually exercising the parenting time that the order provides.

Does the 2026 Law Automatically Change Existing Child Support Orders?

No. Parents should not assume that an existing Georgia child support order automatically changes on January 1, 2026. A child support order remains in effect until it is modified by the court or through the proper legal process. If a parent believes the 2026 changes affect the fairness or accuracy of the current order, the parent should review whether a modification action is available.

Georgia’s Division of Child Support Services explains that when a child support order is reviewed, the support amount may go up, go down, or stay the same. DCSS also notes that past-due support is not modified, and that custody and visitation issues are not addressed through its support-review process.^[11]

That distinction is important. The new parenting time adjustment may make parenting time more relevant to the support calculation, but a child support modification is not the same thing as a custody modification. If the parenting plan itself no longer reflects the child’s actual schedule, a parent may need advice about both support and custody strategy.

When Can a Parent Seek Child Support Modification in Georgia?

Georgia law generally requires a meaningful reason to modify child support. Under O.C.G.A. § 19-6-15(k), a parent generally does not have the right to petition for modification unless there is a substantial change in either parent’s income and financial status or in the needs of the child.^[12]

Georgia law also includes a timing rule. A parent generally may not file another petition to modify child support within two years from the date of the final order on a previous petition to modify filed by that same parent. However, the statute includes exceptions.^[13]

Modification issue	General Georgia rule	Practical meaning
Substantial change	A modification usually requires a substantial change in a parent’s income, financial status, or the child’s needs.	A parent should be prepared to show facts supporting the requested change.
Two-year limitation	The same parent generally cannot file another modification petition within two years of a final order on that parent’s prior modification petition.	Filing history and timing matter.
Parenting-time exception	The two-year limit has exceptions when the noncustodial parent failed to exercise court-ordered parenting time or exercised more parenting time than the court order provided.	Parenting time can affect both eligibility and calculation in some cases.
Involuntary loss of income	The two-year limit also has an exception for certain modification motions based on involuntary loss of income.	Job loss or income reduction may require prompt legal review.

These rules make legal advice especially important. The 2026 child support update may create a reason to revisit some older orders, particularly where parenting time was not meaningfully accounted for in the prior calculation. But whether a parent can file, when the parent should file, and how the issue should be presented will depend on the existing order, the prior modification history, the current parenting schedule, and the financial facts.

What if the Prior Order Did Not Account for Parenting Time?

One of the most important questions for 2026 is whether an older Georgia child support order properly accounted for parenting time. Some existing orders may have been entered when the old parenting time deviation was available but not used. Others may include a parenting plan that gives the noncustodial parent substantial time with the child, while the support worksheet does not reflect that time in a meaningful way.

Beginning January 1, 2026, Georgia’s new child support worksheet is expected to treat parenting time differently through the parenting time adjustment. For a parent whose current order did not include a parenting time deviation, this may be a reason to consult a lawyer about whether a modification petition is appropriate.

This does not mean every parent with parenting time will qualify for a lower support amount. It also does not mean a parent receiving support should assume the amount will decrease. The new worksheet could produce different results depending on both parents’ incomes, the number of children, health insurance, work-related childcare costs, low-income adjustment issues, and the specific number of court-ordered parenting days.

The key point is that the 2026 change may make the existing worksheet worth reviewing. If the current child support order was calculated without meaningful consideration of parenting time, the new law may create an opportunity to evaluate whether the order still reflects Georgia’s child support guidelines.

Examples of Parents Who Should Review Their Child Support Orders

A parent should consider speaking with a Georgia child support modification lawyer if the current order was entered before 2026 and any of the following issues are present.

Situation	Why review may be worthwhile
The noncustodial parent has substantial court-ordered parenting time.	The 2026 worksheet may account for parenting time differently than the prior order did.
The old worksheet did not include a parenting time deviation.	The new parenting time adjustment may make the prior calculation worth reviewing.
The parenting plan gives one schedule, but the parents follow a different schedule.	The legal strategy may involve both support and custody considerations.
The noncustodial parent regularly takes more parenting time than the order provides.	Georgia’s two-year modification limitation includes an exception for greater parenting time than ordered.
The noncustodial parent regularly fails to use court-ordered parenting time.	Georgia’s two-year modification limitation also includes an exception for failure to exercise ordered parenting time.
Either parent’s income has substantially changed.	A substantial change in income or financial status may support modification.
The child’s needs have substantially changed.	Changes in the child’s medical, educational, or other needs may affect support.

These examples are not a substitute for legal advice. They are starting points for a review. In many cases, the first step is to compare the existing order and worksheet with the expected 2026 calculation, then decide whether filing is likely to help, hurt, or leave the order largely unchanged.

What Information Should Parents Gather Before Asking About Modification?

Parents who want to evaluate a 2026 child support modification should gather the existing child support order, the child support worksheet, the parenting plan, and any later modification orders. The details of the current order matter because the court will look at what was actually ordered, not simply what one parent believes should have happened.

Parents should also gather recent income information for both parties if available, including pay stubs, tax returns, W-2s, 1099s, business income records, and documentation of bonuses, commissions, self-employment income, or unemployment. If health insurance, childcare, private school, extracurricular costs, or uninsured medical expenses are disputed, those documents should be collected as well.

Finally, parenting time records may be important. A calendar showing overnights, missed parenting time, exchanged weekends, holidays, summer schedules, and recurring daytime periods may help an attorney understand whether the court-ordered schedule matches the real schedule. Because the 2026 adjustment focuses on court-ordered parenting time, it is important to review both the written order and what is happening in practice.

Can DCSS Modify Child Support Under the 2026 Rules?

Georgia DCSS can review child support orders, but its review process is limited. DCSS states that a review can result in the amount going up, going down, or staying the same, and that the review process may take up to six months depending on the circumstances.^[14] DCSS also states that it cannot address visitation and custody issues when reviewing and changing the support amount.^[15]

For some parents, DCSS review may be appropriate. For others, especially where parenting time, custody language, legal strategy, or contested modification issues are involved, a private family law attorney may be better positioned to evaluate the full picture.

Why Work With a Savannah Child Support Modification Lawyer?

Child support modification is not just a math problem. The worksheet matters, but so do timing rules, prior orders, parenting plans, evidence, court procedure, and the way the issue is presented to the judge. The 2026 Georgia child support update may create new opportunities for some parents, but it may also create risk if a parent files without understanding the likely outcome.

The safest approach is to review the current order before filing. A lawyer can help determine whether the 2026 parenting time adjustment is likely to affect the support amount, whether the two-year modification rule applies, whether an exception may be available, and whether a custody or parenting-plan issue should be addressed separately from child support.

At The Schachter Law Firm LLC, we help parents in Savannah and throughout coastal Georgia evaluate child support, custody, divorce, and modification issues. If you have an existing child support order and want to know whether the 2026 Georgia child support changes may affect your situation, we can help you review your options before you take the next step.

Frequently Asked Questions About the 2026 Georgia Child Support Changes

What is the biggest Georgia child support change in 2026?

The most important change for many families is the replacement of the old parenting time deviation with a new parenting time adjustment. Beginning January 1, 2026, the Georgia Child Support Commission guidance states that the parenting time adjustment will be used in a new Schedule C of the child support calculator.^[16]

Will my child support automatically change in 2026?

No. Existing orders do not automatically change just because the law changes. A parent usually needs a court order modifying child support before the payment amount changes. Whether modification is available depends on the facts, the prior order, and Georgia’s modification rules.

Can I modify child support if my old order did not include a parenting time deviation?

Possibly. If your current child support order did not include a parenting time deviation, the 2026 parenting time adjustment may create a reason to evaluate whether a modification petition is appropriate. The answer depends on the specific facts of your case, the current parenting schedule, both parents’ incomes, and Georgia’s modification rules.

What is the two-year rule for child support modification in Georgia?

Georgia law generally prevents the same parent from filing another child support modification petition within two years from the final order on that parent’s previous modification petition. The statute includes exceptions, including certain situations involving failure to exercise court-ordered parenting time, exercising more parenting time than the order provided, and involuntary loss of income.^[17]

Can child support go up after a modification review?

Yes. A modification review does not guarantee a decrease. Georgia DCSS states that after review, the support amount may go up, go down, or stay the same.^[18] This is one reason parents should understand the likely calculation before filing.

Does child support modification also change custody or visitation?

Not necessarily. Child support and custody are related, but they are not the same issue. DCSS states that it cannot address visitation and custody issues when reviewing and changing support.^[19] If the parenting schedule itself needs to change, a parent should ask a family law attorney whether a custody modification or parenting-plan issue should be addressed separately.

Talk to a Savannah Child Support Modification Attorney

If you are paying or receiving child support in Georgia, the 2026 update may be worth reviewing before you make assumptions about your next step. The new parenting time adjustment may affect some families more than others, especially where an older order did not account for parenting time or where the real parenting schedule differs from the order.

To discuss whether a child support modification may be appropriate in your case, contact The Schachter Law Firm to schedule a consultation with a Savannah family law attorney.

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References

[1] Justia, Georgia Code § 19-6-15, effective January 1, 2026.
[2] Georgia Child Support Commission, Changes to the Georgia Child Support Calculator, effective 01/01/2026.
[3] Justia, Georgia Code § 19-6-15, effective January 1, 2026.
[4] Georgia General Assembly, Senate Bill 454 bill text.
[5] Georgia Child Support Commission, Changes to the Georgia Child Support Calculator, effective 01/01/2026.
[6] Justia, Georgia Code § 19-6-15, effective January 1, 2026.
[7] Georgia Child Support Commission, Changes to the Georgia Child Support Calculator, effective 01/01/2026.
[8] Georgia General Assembly, Senate Bill 454 bill text.
[9] Justia, Georgia Code § 19-6-15, effective January 1, 2026.
[10] Justia, Georgia Code § 19-6-15, effective January 1, 2026.
[11] Georgia Department of Human Services, Division of Child Support Services, Review & Modification of Support Order.
[12] Georgia Child Support Commission, O.C.G.A. § 19-6-15 through 01/01/2026.
[13] Georgia Child Support Commission, O.C.G.A. § 19-6-15 through 01/01/2026.
[14] Georgia Department of Human Services, Division of Child Support Services, Review & Modification of Support Order.
[15] Georgia Department of Human Services, Division of Child Support Services, Review & Modification of Support Order.
[16] Georgia Child Support Commission, Changes to the Georgia Child Support Calculator, effective 01/01/2026.
[17] Georgia Child Support Commission, O.C.G.A. § 19-6-15 through 01/01/2026.
[18] Georgia Department of Human Services, Division of Child Support Services, Review & Modification of Support Order.
[19] Georgia Department of Human Services, Division of Child Support Services, Review & Modification of Support Order.

Divorce is often one of the most stressful experiences a person can go through, and the uncertainty surrounding the division of assets only adds to the anxiety. For many couples in Savannah and throughout Georgia, the primary concern is understanding who gets what when the marriage ends. Unlike some states that split everything evenly down the middle, Georgia follows a different set of rules that aims for fairness rather than a strict mathematical split.

If you are facing a divorce, understanding how Georgia law approaches property division is essential for protecting your financial future. This comprehensive guide explains the principles of equitable distribution, the difference between marital and separate property, and the factors courts consider when dividing assets.

The Principle of Equitable Distribution in Georgia

When it comes to dividing property in a divorce, states generally fall into two categories: community property states and equitable distribution states. Georgia is an equitable distribution state. This legal framework means that marital property is divided fairly, but not necessarily equally.

Under the Official Code of Georgia Annotated (O.C.G.A.) § 19-5-13, the court is granted the authority to divide property in a manner that is fair and just based on the specific circumstances of the marriage. A judge or jury will look at the entire financial picture of both spouses and determine an allocation that is equitable. In some cases, an equitable division might indeed be a 50/50 split. In other cases, one spouse may receive a larger share of the assets based on their financial needs, their contributions to the marriage, or the conduct of the other spouse.

The goal of equitable distribution is to ensure that both parties can move forward with a fair foundation, recognizing that marriage is a partnership where both financial and non-financial contributions hold value.

Classifying Property: Marital vs. Separate Assets

Before any property can be divided, it must first be classified. The court can only divide marital property; separate property remains with the original owner. The distinction between these two categories is often a major point of contention in high-asset divorces.

What Constitutes Marital Property?

Marital property generally includes any assets or debts acquired by either spouse during the course of the marriage. It does not matter whose name is on the title or the account. If the asset was obtained while the couple was married, it is typically considered marital property subject to equitable division. Common examples of marital property include:

• The family home and other real estate purchased during the marriage
• Vehicles, boats, and other personal property
• Bank accounts and investment portfolios funded with marital income
• Retirement accounts, pensions, and 401(k)s accumulated during the marriage
• Businesses started or grown during the marriage
• Debts incurred during the marriage, including mortgages, credit cards, and loans

What Constitutes Separate Property?

Separate property, as defined under O.C.G.A. § 19-3-9, belongs exclusively to one spouse and is not subject to division in a divorce. Separate property typically includes:

• Assets acquired by one spouse before the marriage
• Gifts given specifically to one spouse by a third party before or during the marriage
• Inheritances received by one spouse at any time
• Personal injury settlements intended to compensate for pain and suffering (though compensation for lost marital wages may be marital property)

The Complexity of Commingling

While the definitions seem straightforward, classifying property can become incredibly complex. Separate property can lose its protected status and become marital property through a process called commingling. For example, if you inherited $50,000 and deposited it into a joint checking account used to pay household bills, that money may now be considered marital property.

Similarly, the appreciation in value of separate property during the marriage may be subject to division if marital funds or efforts contributed to that increase. If one spouse owned a house before marriage, but marital funds were used to pay the mortgage or fund major renovations, the increase in the home’s equity may be considered a marital asset. Tracing these assets often requires the expertise of forensic accountants, a service frequently utilized by The Schachter Law Firm, LLC in complex cases.

Factors the Court Considers in Property Division

If a couple cannot reach a settlement agreement and the case goes to trial, the judge or jury will weigh several factors to determine what constitutes a fair division. Georgia law does not provide a rigid checklist, but courts consistently look at the following elements:

Financial and Non-Financial Contributions

The court recognizes that contributions to a marriage are not solely financial. While one spouse may have been the primary breadwinner, the other may have contributed by raising children, maintaining the home, or supporting the working spouse’s career advancement. These non-financial contributions are given significant weight in determining an equitable split.

The Standard of Living and Length of the Marriage

The lifestyle the couple enjoyed during the marriage is a key consideration. In high-net-worth divorces, the court may attempt to structure the property division to help both spouses maintain a semblance of their established standard of living. Additionally, the length of the marriage plays a role. Longer marriages, often referred to as “gray divorces,” typically result in a more balanced division of assets, as the spouses’ financial lives are deeply intertwined and retirement is often approaching.

Each Spouse’s Economic Circumstances

The court will consider each spouse’s economic situation after the divorce, including their earning capacity, age, health, and overall financial needs. For example, if one spouse sacrificed a career to raise children and now has limited earning potential, the court may award them a greater share of the marital assets to compensate.

Marital Misconduct

Georgia is one of the states where marital misconduct can influence property division. If one spouse dissipated marital assets through gambling, extravagant spending on an extramarital affair, or other financial misconduct, the court may adjust the division to account for these losses. It is important to note that while adultery itself does not automatically affect property division, the financial impact of an affair (e.g., money spent on a paramour) can be a relevant factor.

The Separate Estate of Each Spouse

The court will also consider the separate assets each spouse holds. If one spouse has a substantial separate estate — perhaps through a large inheritance or pre-marital wealth — and the other spouse has very little, the court may award a larger portion of the marital estate to the less wealthy spouse to achieve equity.

Handling Complex Assets in a Savannah Divorce

Dividing a checking account or selling a family home is relatively straightforward. However, high-asset divorces in Savannah often involve complex financial portfolios that require specialized knowledge to divide fairly.

Retirement Accounts and Pensions

Retirement accounts are often among the most valuable marital assets. Dividing a 401(k) or pension requires a specialized legal document known as a Qualified Domestic Relations Order (QDRO). A QDRO allows the funds to be transferred to the non-employee spouse without triggering early withdrawal penalties or immediate tax liabilities. It is crucial that these documents are drafted precisely to protect your financial future.

Business Valuation

When a spouse owns a business, whether it is a medical practice, a law firm, or a family-owned enterprise, determining its value is a critical step in the divorce process. The business must be accurately appraised, often requiring the use of business valuation experts. The court must then decide whether to award the business to one spouse (often offsetting the value with other marital assets) or, in rare cases, order the business sold and the proceeds divided.

Hidden Assets

In some contested divorces, one spouse may attempt to hide assets to prevent them from being divided. This can involve transferring money to offshore accounts, hiding cash, or delaying bonuses until after the divorce is finalized. Uncovering hidden assets requires aggressive discovery tactics and often the assistance of forensic accountants to trace financial discrepancies and ensure a complete picture of the marital estate is presented to the court.

The Importance of Experienced Legal Representation

Property division in Georgia is highly subjective, and the outcome of your case depends heavily on how your assets are presented and argued before the court. Whether you are negotiating a settlement or preparing for trial, having an experienced Savannah divorce lawyer is critical.

At The Schachter Law Firm, LLC, we specialize in high-asset divorces and complex property division. Led by David I. Schachter, who has been named to Best Lawyers in the United States in Georgia for Family Law and has earned the highest possible AV Preeminent rating from Martindale-Hubbell, our firm brings recognized excellence to every case. David has also been honored with the Client’s Choice Award by AVVO for both Divorce Law and Family Law. We understand the nuances of Georgia’s equitable distribution laws and work closely with financial experts, tax professionals, and appraisers to ensure your assets are accurately valued and your financial future is protected.

If you are facing a divorce and have questions about how your property will be divided, contact us today at 912-233-8883 to schedule a consultation. We are committed to providing the strategic advocacy necessary to secure a fair and equitable outcome in your case.

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For more information on related topics, please visit our pages on Divorce, Alimony, and Property Division.

A Family Law attorney can help you get what you deserve from your divorce.  There are basics of Georgia divorce law you may want to know even before you meet with a Family Law attorney.

Basics of Georgia Divorce Law You May Want to Know Before Meeting with A Family Law Attorney:

Here are five areas of Georgia Divorce you will want to be aware of:

• Georgia Residency Requirements for Divorce
• Legal Grounds for Divorce in Georgia
• Child Custody and Visitation Laws
• Property Division
• Child and Spousal Support

Georgia Residency Requirements for Divorce

Georgia will not grant a divorce to a family unless at least one of the spouses has been a Georgia resident for at least six months.  Divorce for enlisted soldiers and their spouses are a bit different.  If at least one spouse has been a resident of any US army post or military reservation within the state of Georgia within the last year, the couple may file for divorce in the county adjacent to the military post or reservation.

Legal Grounds for Divorce in Georgia

Georgia divorce laws include 12 fault-based grounds for divorce as well as guidelines for a “no-fault” divorce.  A “no-fault” divorce is where one spouse states that the marriage is “irretrievably broken” and is grounds for divorce in Georgia.  Oftentimes the fault-based grounds for divorce can give a spouse an advantage with respect to issues such as custody and alimony.  The 12 fault-based grounds for a divorce in Georgia are a follows:

• Adultery (by either spouse)
• “Willful and continued desertion” for one year
• Conviction (and imprisonment for two years or longer) of either spouse for an offense involving moral turpitude
• Habitual drunkenness
• Impotency
• Discovery of incestual relationship between spouses
• Mental incapacity when the marriage occurred
• Marriage by force, menace, duress or fraud
• Pregnancy of the wife by a man other than the husband when the marriage occurred
• Habitual drug addiction
• Willful infliction of physical or mental pain upon the complaining spouse
• Incurable mental illness

Child Custody and Visitation Laws in Georgia

Georgia courts begin with the assumption that a child’s best interest is best served by having a custodial relationship with both parents.  In situations of physical abuse or drug abuse, the court will often decide against joint custody.  The overarching concern of the court is to determine child custody and visitation based upon the best interests of the child or children.

Property Division in Georgia Law

Georgia is an “equitable distribution” state.  This means that spouses must divide all marital property “fairly”.   Fairly does not necessarily mean equally.

Property to be divided includes all assets the couple acquired during their marriage.  This includes gifts given to one another, as well as appreciation of property through efforts of one or both spouses.

Non-marital property includes property inherited or received as a gift from a third-party.  Non-marital property is generally exempt from division of property, though a spouse may need to prove that the property in question is indeed “non-marital”. Other issues can arise if the non-marital property was commingled with marital property, which my subsequently render all of it marital.

Child Support and Spousal Support (Alimony)

Georgia courts are not required to award spousal support.  If it can be proves that a spouse committed adultery or deserted the family, and either of these was the cause for the divorce, the deserting or adulterating spouse should not receive alimony pursuant to Georgia law.  In general, alimony is determined based on the conduct of each spouse. The receiving spouse’s decision to remarry or not to do so also has an impact.

Obligations for child support are treated independently from alimony decisions.  In general, a parent must pay child support until the child reaches 18, graduates high school, gets married, becomes emancipated, or dies. Usually, a parent’s obligation to pays child support will last until the child reaches 18 years of age or graduates high school, whichever comes first.

Other Important Factors in Georgia Divorce Decisions

Paternity issues, annulments, prenuptial agreements, and alimony in military cases are just a few of the other issues which may have a large impact on divorce decisions.  For more information, please contact The Schachter Law Firm, LLC to arrange a meeting with one of our Divorce Law and Family Law attorneys at 912-233-8883.