23.515 Deviation; When Authorized or Prohibited

23.515 Deviation; When Authorized/Prohibited You must bear in mind that the primary consideration for you shall be the best interest of the child(ren) for whom support is being determined. It is the policy of this state to afford to children of unmarried parents, to the extent possible, the same economic standard of living enjoyed by children living in intact families consisting of parents with similar financial means. O.C.G.A. §19-6-15(c)(1) Therefore, you may only deviate from the amount of child support calculated if you find it is reasonably necessary to provide for the needs of the child (children) for whom child support is being determined. O.C.G.A. §19-6-15(i)(1)(A) You may not deviate in the presumptive amount of child support if, and to an extent, such deviation will seriously impair the ability of the custodial parent to maintain minimally adequate housing, food, and clothing for the child (children) being supported by the child support order and to provide other basic necessities as you may determine. O.C.G.A. §19-6-15(i)(1)(C) If you determine that a deviation from the presumptive amount of child support is appropriate, you shall consider all available income of the parents. (Note: The judge must decide whether or not "all available income" is the same as "attributable income," which has been calculated previously.) In determining the appropriateness of a deviation from the presumptive amount of support, you must make a written finding of the appropriate deviation and the amount of child support due in this case. I will provide you with a verdict form to record your written findings. In order to assist you in determining whether a deviation is appropriate and in what amount, if any, I will provide you with child support schedule E, which you must complete. You must then attach the completed schedule E to the verdict form. O.C.G.A. §19-6-15(i)(1)(B) Under Georgia law, there are several categories that qualify as specific deviations from the presumptive amount of child support. Depending on the evidence presented, you may find that more than one specific deviation applies, or you may find that no deviations apply. Alternatively, you may find that a deviation from the presumptive amount of child support is appropriate for reasons in addition to the specific deviations; this would be a nonspecific deviation. You may apply nonspecific deviations from the presumptive amount if you find it to be in the best interest of the child. O.C.G.A. §19-6-15(i)(3) (Note: Charge only those that apply.)