23.535 Low Income

23.535 Low Income Georgia law allows a deviation for parents who qualify as having a low income. For your purposes, a low-income person means a parent whose annual gross income is at or below $1,850 per month. If the noncustodial parent is a low-income person and requests a deviation on that basis, you, the jury, shall determine if the noncustodial parent will be financially able to pay the child support ordered and maintain at least a minimum standard of living. You may determine the paying parent's minimum standard of living by calculating a selfsupport reserve, about which I will instruct you momentarily. You, the jury, shall take into account all sources of income available to each parent that are not excluded from consideration by law. (See 23.200 Exclusions from Income.) You must also consider all reasonable expenses of each parent. You should be sure that any expenses you consider are only such expenses as are actually paid by the parent and are clearly justified expenses. You shall also consider the financial impact that a reduction in the amount of child support paid to the custodial parent would have on the custodial parent's household. Under no circumstances shall the amount of child support awarded to the custodial parent impair the ability of the custodial parent to maintain minimally adequate housing, food, and clothing and provide for other basic necessities for the child being supported by the court order. To calculate the self-support reserve for the noncustodial parent, you shall deduct $900 from the noncustodial parent's adjusted income. If the resulting amount is less than (____________, the noncustodial parent's pro rata responsibility of the presumptive amount of child support), you may deviate from the presumptive amount of child support that I have provided to you to the resulting amount. If the child support award amount would be less than $75, then the minimum child support order amount shall be $75. If the custodial parent is a low-income person, you shall subtract $900 from the custodial parent's adjusted income. If the resulting amount is less than (____________, the custodial parent's pro rata responsibility of the presumptive amount of child support that I have provided to you), you shall not deviate downward from the amount of support required to be paid by the noncustodial parent. If you so find, you, the jury, must include the finding on your verdict form that the low-income deviation from the presumptive amount of child support is justified based upon the considerations and calculations described previously. O.C.G.A. §19-6-15 (i)(2)(B)