§ 19-6-1. Alimony defined; permanent and temporary
(a) Alimony is an allowance out of one party's estate, made for the support of the other party when living separately. It is either temporary or permanent.
(b) A party shall not be entitled to alimony if it is established by a preponderance of the evidence that the separation between the parties was caused by that party's adultery or desertion. In all cases in which alimony is sought, the court shall receive evidence of the factual cause of the separation even though one or both of the parties may also seek a divorce, regardless of the grounds upon which a divorce is sought or granted by the court.
(c) In all other cases in which alimony is sought, alimony is authorized, but is not required, to be awarded to either party in accordance with the needs of the party and the ability of the other party to pay. In determining whether or not to grant alimony, the court shall consider evidence of the conduct of each party toward the other.
(d) Should either party die prior to the court's order on the issue of alimony, any rights of the other party to alimony shall survive and be a lien upon the estate of the deceased party.
(e) Pending final determination by the court of the right of either party to alimony, neither party shall make any substantial change in the assets of the party's estate except in the course of ordinary business affa
§ 19-6-2. Attorney's fees; considerations; grant to be a final judgment; action to enforce
(a) The grant of attorney's fees as a part of the expenses of litigation, made at any time during the pendency of the litigation, whether the action is for alimony, divorce and alimony, or contempt of court arising out of either an alimony case or a divorce and alimony case, including but not limited to contempt of court orders involving property division, child custody, and child visitation rights, shall be:
(1) Within the sound discretion of the court, except that the court shall consider the financial circumstances of both parties as a part of its determination of the amount of attorney's fees, if any, to be allowed against either party; and
(2) A final judgment as to the amount granted, whether the grant is in full or on account, which may be enforced by attachment for contempt of court or by writ of fieri facias, whether the parties subsequently reconcile or not.
(b) Nothing contained in this Code section shall be construed to mean that attorney's fees shall not be awarded at both the temporary hearing and the final hearing.
(c) An attorney may bring an action in his own name to enforce a grant of attorney's fees made to him pursuant to this Code section.
§ 19-6-3. Proceedings to obtain temporary alimony; discretion of the judge; revision and enforcement of order allowing alimony
(a) Whenever an action for divorce or for permanent alimony is pending, either party may apply at any time to the presiding judge of the court in which the same is pending, by petition, for an order granting the party temporary alimony pending the issuance of a final judgment in the case. After hearing both parties and the evidence as to all the circumstances of the parties and as to the fact of marriage, the court shall grant an order allowing such temporary alimony, including expenses of litigation, as the condition of the parties and the facts of the case may justify.
(b) In arriving at a decision, the judge shall consider the peculiar necessities created for each party by the pending litigation and any evidence of a separate estate owned by either party. If the separate estate of the party seeking alimony is ample as compared with that of the other party, temporary alimony may be refused.
(c) At a hearing on the application for temporary alimony, the merits of the case are not in issue; however, the judge, in fixing the amount of alimony, may inquire into the cause and circumstances of the separation rendering the alimony necessary and in his discretion may refuse it altogether.
(d) On application, an order allowing temporary alimony shall be subject to revision by the court at any time and may be enforced either by writ of fieri facias or by attachment for contempt.
(e) A failure to comply with the order allowing temporary alimony shall not deprive a party of the right either to prosecute or to defend the case.
§ 19-6-4. Permanent alimony granted; enforcement of order allowing
(a) Permanent alimony may be granted in the following cases:
(1) In cases of divorce;
(2) In cases of voluntary separation; or
(3) Where one spouse, against the will of that spouse, is abandoned or driven off by the other spouse.
(b) A grant of permanent alimony may be enforced either by writ of fieri facias or by attachment for contempt.
§ 19-6-5. Permanent alimony; determination of amount
(a) The finder of fact may grant permanent alimony to either party, either from the corpus of the estate or otherwise. The following shall be considered in determining the amount of alimony, if any, to be awarded:
(1) The standard of living established during the marriage;
(2) The duration of the marriage;
(3) The age and the physical and emotional condition of both parties;
(4) The financial resources of each party;
(5) Where applicable, the time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment;
(6) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party;
(7) The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties; and
(8) Such other relevant factors as the court deems equitable and proper.
(b) All obligations for permanent alimony, however created, the time for performance of which has not arrived, shall terminate upon remarriage of the party to whom the obligations are owed unless otherwise provided.
§ 19-6-6. Liability after alimony granted
(a) When permanent alimony is granted, the party liable for alimony shall cease to be liable for any debt or contract of the former spouse of the liable party.
(b) Upon the grant of permanent alimony, the property of the liable party set apart for the support of the former spouse shall not be subject to the liable party's debts or contracts as long as the former spouse of the liable party shall live.
§ 19-6-7. Interest in estate after permanent alimony granted
After permanent alimony is granted, upon the death of the party liable for the alimony the other party shall not be entitled to any further interest in the estate of the deceased party by virtue of the marriage contract between the parties; however, such permanent provision shall be continued to the other party or a portion of the deceased party's estate equivalent to the permanent provision shall be set apart to the other party.
§ 19-6-8. Party's voluntary contract or other written agreement as bar to permanent alimony
In cases of voluntary separation or in cases where one spouse, against the will of that spouse, is abandoned or driven off by the other spouse, a party voluntarily, by contract or other written agreement made with his spouse, may make an adequate provision for the support and maintenance of such spouse, consistent with the means of the party and the former circumstances of the spouse. Such an agreement shall be a bar to the right of the spouse to permanent alimony.
§ 19-6-9. Decree in equity
Absent the making of a voluntary contract or other agreement, as provided in Code Section 19-6-8, and on the application of a party, the court, exercising its equitable powers, may compel the spouse of the party to make provision for the support of the party and such minor children as may be in the custody of the party.
§ 19-6-10. Proceeding for alimony before the judge when no action for divorce pending
When spouses are living separately or in a bona fide state of separation and there is no action for divorce pending, either party, on the party's own behalf or on the behalf of the minor children in the party's custody, if any, may institute a proceeding by petition, setting forth fully the party's case. Upon three days' notice to the other party, the judge may hear the same and may grant such order as he might grant were it based on a pending petition for divorce, to be enforced in the same manner, together with any other remedy applicable in equity, such as appointing a receiver and the like. Should the petition proceed to a hearing before a jury, the jury may render a verdict which shall provide the factual basis for equitable relief as in Code Section 19-6-9. However, such proceeding shall be held in abeyance when a petition for divorce is filed bona fide by either party and the judge presiding has made his order on the motion for alimony. When so made, the order shall be a substitute for the aforesaid decree in equity as long as the petition is pending and is not finally disposed of on the merits.
§ 19-6-11. Appeals and proceedings thereon
A judgment of the superior court in a case brought under Code Section 19-6- 10 shall be appealable on the same terms as are prescribed in divorce cases.
§ 19-6-12. Subsequent cohabitations, effect as to permanent alimony
The subsequent voluntary cohabitation of spouses, where there has been no total divorce between them, shall annul and set aside all provision made either by deed or decree for permanent alimony; provided, however, that the rights of children under any deed of separation or voluntary provision or decree for alimony shall not be affected by such subsequent voluntary cohabitation of the spouses.
§ 19-6-13. Liability to third person for necessaries
Until otherwise provided voluntarily or by decree or order of a court, each party shall be liable to third persons for the board and support and for all necessaries furnished to or for the benefit of the parties' children.
§ 19-6-14. Support and custody of children pending suits for divorce; liability for necessaries
Pending a final judgment in an action for divorce, the judge presiding may grant as alimony a sum sufficient for the support of the children of the parties. The judge may also hear and determine who shall be entitled to the care and custody of the children until the final judgment in the case. If a sum is awarded for the support of the children, the party who is required to pay the support shall not be liable to third persons for necessaries furnished to the children.
§ 19-6-15. Permanent child support; computation; guidelines
<Text of section effective until January 1, 2007>
(a) The provisions of this Code section shall not apply with respect to any divorce case in which there are no minor children, except to the limited extent expressly authorized in subsection (e) of this Code section; and in a divorce case in which there are no minor children the requirements of this Code section for findings of fact and inclusion of findings in the verdict or decree shall not apply. In the final verdict or decree, the trier of fact shall specify in what amount and from which party the minor children are entitled to permanent support. The final verdict or decree shall further specify as required by Code Section 19-5-12 in what manner, how often, to whom, and until when the support shall be paid. The final verdict or decree shall further include a written finding of the gross income of the father and the mother and the presence or absence of special circumstances in accordance with subsection (c) of this Code section. The trier of fact must also determine whether the accident and sickness insurance for the child or the children involved is reasonably available at reasonable costs through employment related or other group health insurance policies to an obligor. For purposes of this Code section, accident and sickness coverage shall be deemed available if the obligor has access to any policy of insurance authorized under Title 33 through an employer or other group health insurance plan. If the accident and sickness insurance is deemed available at reasonable cost, the court shall order the obligor to obtain the coverage; provided, however, if the obligee has accident and sickness insurance for the child or children reasonably available at reasonable costs through employment related or other group health insurance policies, then the court may order that the child or children be covered under such insurance and the obligor contribute as part of the child support order such part of the cost of providing such insurance or such part of any medical expenses incurred on behalf of the child or children not covered by such insurance as the court may deem equitable or appropriate. If currently unavailable or unreasonable in cost, the court shall order the obligor to obtain coverage when it becomes available at a reasonable cost, unless such insurance is provided by the obligee as provided in this subsection. When support is awarded, the party who is required to pay the support shall not be liable to third persons for necessaries furnished to the children embraced in the verdict or decree. In any contested case, the parties shall submit to the court their proposed findings regarding the gross income of the father and the mother and the presence or absence of special circumstances. In any case in which child support is determined by a jury, the court shall charge the provisions of this Code section and the jury shall be required to return a special interrogatory similar to the form of the order contained in Code Section 19-5-12 regarding the gross income of the father and the mother and the presence or absence of special circumstances. Furthermore, nothing contained within this Code section shall prevent the parties from entering into an enforceable agreement to the contrary which may be made the order of the court pursuant to the review by the court of child support amounts contained in this Code section; provided, however, any such agreement of the parties shall include a written statement regarding the gross income of the father and the mother and the presence or absence of special circumstances in accordance with subsection (c) of this Code section.
(b) The child support award shall be computed as provided in this subsection:
(1) Computation of child support shall be based upon gross income;
(2) For the purpose of determining the obligor's child support obligation, gross income shall include 100 percent of wage and salary income and other compensation for personal services, interest, dividends, net rental income, self-employment income, and all other income, except need-based public assistance;
(3) The earning capacity of an asset of a party available for child support may be used in determining gross income. The reasonable earning potential of an asset may be determined by multiplying its equity by a reasonable rate of interest. The amount generated by that calculation should be added to the obligor's gross monthly income;
(4) Allowable expenses deducted to calculate self-employment income that personally benefit the obligor, or economic in-kind benefits received by an employed obligor, may be included in calculating the obligor's gross monthly income; and
(5) The amount of the obligor's child support obligation shall be determined by multiplying the obligor's gross income per pay period by a percentage based on the number of children for whom child support is being determined. The applicable percentages of gross income to be considered by the trier of fact are:
Number of
Children Gross Income
1 17 percent to 23 percent
2 23 percent to 28 percent
3 25 percent to 32 percent
4 29 percent to 35 percent
5 or more 31 percent to 37 percent
Application of these guidelines shall create a rebuttable presumption that the amount of the support awarded is the correct amount of support to be awarded. A written finding or specific finding on the record for the award of child support that the application of the guidelines would be unjust or inappropriate in a particular case shall be sufficient to rebut the presumption in that case. Findings that rebut said presumption must state the amount of support that would have been required under the guidelines and include justification of why the order varies from the guidelines. These guidelines are intended by the General Assembly to be guidelines only and any court so applying these guidelines shall not abrogate its responsibility in making the final determination of child support based on the evidence presented to it at the time of trial.
(c) The trier of fact shall vary the final award of child support, up or down, from the range enumerated in paragraph (5) of subsection (b) of this Code section upon a written finding that the presence of one or more of the following special circumstances makes the presumptive amount of support either excessive or inadequate:
(1) Ages of the children;
(2) A child's extraordinary medical costs or needs in addition to accident and sickness insurance, provided that all such costs or needs shall be considered if no insurance is available;
(3) Educational costs;
(4) Day-care costs;
(5) Shared physical custody arrangements, including extended visitation;
(6) A party's other support obligations to another household;
(7) Income that should be imputed to a party because of suppression of income;
(8) In-kind income for the self-employed, such as reimbursed meals or a company car;
(9) Other support a party is providing or will be providing, such as payment of a mortgage;
(10) A party's own extraordinary needs, such as medical expenses;
(11) Extreme economic circumstances including but not limited to:
(A) Unusually high debt structure; or
(B) Unusually high income of either party or both parties, which shall be construed as individual gross income of over $75,000.00 per annum;
(12) Historical spending in the family for children which varies significantly from the percentage table;
(13) Considerations of the economic cost-of-living factors of the community of each party, as determined by the trier of fact;
(14) In-kind contribution of either parent;
(15) The income of the custodial parent;
(16) The cost of accident and sickness insurance coverage for dependent children included in the order;
(17) Extraordinary travel expenses to exercise visitation or shared physical custody; and
(18) Any other factor which the trier of fact deems to be required by the ends of justice.
(d) The guidelines shall be reviewed by a commission appointed by the Governor to ensure that their application results in the determination of appropriate child support award amounts. The commission will complete its review and submit its report within four years following July 1, 1989, and shall continue such reviews every four years thereafter. Nothing contained in such report shall be considered to authorize or require a change in the guidelines without action by the General Assembly having the force and effect of law.
(e) The duty to provide support for a minor child shall continue until the child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs; provided, however, that, in any temporary or final order for child support with respect to any proceeding for divorce, separate maintenance, legitimacy, or paternity entered on or after July 1, 1992, the trier of fact, in the exercise of sound discretion, may direct either or both parents to provide financial assistance to a child who has not previously married or become emancipated, who is enrolled in and attending a secondary school, and who has attained the age of majority before completing his or her secondary school education, provided that such financial assistance shall not be required after a child attains 20 years of age. The provisions for support provided in this subsection may be enforced by either parent or the child for whose benefit the support is ordered.
(f) The provisions of subsection (e) of this Code section shall be applicable only to a temporary order or final decree for divorce, separate maintenance, legitimation, or paternity entered on or after July 1, 1992, and the same shall be applicable to an action for modification of a decree entered in such an action entered on or after July 1, 1992, only upon a showing of a significant change of material circumstances.
<For text of section effective January 1, 2007, see § 19-6-15, post>
§ 19-6-15. Child support guidelines
<Text of section effective January 1, 2007>
(a) Definitions. As used in this Code section, the term:
(1) "Adjusted Child Support Obligation" means the Basic Child Support Obligation adjusted by the Parenting Time Adjustment, if applicable, Health Insurance, and Work Related Child Care Costs.
(2) "Adjusted Income" means the determination of a Parent's monthly income, calculated by deducting from that Parent's monthly Gross Income one-half of the amount of any applicable self-employment taxes being paid by the Parent, any Preexisting Order for current child support which is being paid by the Parent, and any Theoretical Child Support Order for other Qualified Children, if allowed by the Court. For further reference see paragraph (5) of subsection (f) of this Code section.
(3) "Basic Child Support Obligation" means the amount of support displayed on the Child Support Obligation Table which corresponds to the Combined Adjusted Income of the Custodial Parent and the Noncustodial Parent and the number of children for whom child support is being determined. This amount is rebuttably presumed to be the appropriate amount of child support to be provided by the Custodial Parent and the Noncustodial Parent prior to consideration of percentage of income, Health Insurance, Work Related Child Care Costs, and Deviations.
(4) "Child" means child or children.
(5) "Child Support Enforcement Agency" means the Child Support Enforcement Agency within the Department of Human Resources.
(6) "Child Support Obligation Table" means the chart which displays the dollar amount of the Basic Child Support Obligation corresponding to various levels of Combined Adjusted Income of the children's Parents and the number of children for whom a child support order is being established or modified. The Child Support Obligation Table shall be used to calculate the Basic Child Support Obligation according to the provisions of this Code section. For further reference see subsections (n) and (o) of this Code section.
(7) "Combined Adjusted Income" means the amount of Adjusted Income of the Custodial Parent added to the amount of Adjusted Income of the Noncustodial Parent.
(8) "Court" means a judge of any Court of record or an administrative law judge of the Office of State Administrative Hearings.
(9) "Custodial Parent" means the Parent with whom the Child resides more than 50 percent of the time. Where a Custodial Parent has not been designated or where a Child resides with both Parents an equal amount of time, the Court shall designate the Custodial Parent as the Parent with the lesser support obligation and the other Parent as the Noncustodial Parent. Where the Child resides equally with both Parents and neither Parent can be determined as owing a greater amount than the other, the Court shall determine which Parent to designate as the Custodial Parent for the purpose of this Code section.
(10) "Deviation" means an increase or decrease from the Presumptive Amount of Child Support if the presumed order is rebutted by evidence and the required findings of fact are made by the Court pursuant to subsection (i) of this Code section.
(11) "Final Child Support Order" means the Presumptive Amount of Child Support adjusted by any Deviations.
(12) "Gross Income" means all income to be included in the calculation of child support as set forth in subsection (f) of this Code section.
(13) "Health Insurance" means any general health or medical policy. For further reference see paragraph (2) of subsection (h) of this Code section.
(14) "Noncustodial Parent" means the Parent with whom the Child resides less than 50 percent of the time or the Parent who has the greater payment obligation for child support. Where the Child resides equally with both Parents and neither Parent can be determined as owing a lesser amount than the other, the Court shall determine which Parent to designate as the Noncustodial Parent for the purpose of this Code section.
(15) "Nonparent Custodian" means an individual who has been granted legal custody of a Child, or an individual who has a legal right to seek, modify, or enforce a child support order.
(16) "Parent" means a person who owes a Child a duty of support pursuant to Code Section 19-7-2.
(17) "Parenting Time Adjustment" means an adjustment to the Noncustodial Parent's portion of the Basic Child Support Obligation based upon the Noncustodial Parent's court ordered visitation with the Child. For further reference see subsection (g) of this Code section.
(18) "Preexisting Order" means:
(A) An order in another case that requires a Parent to make child support payments for another Child, which child support the Parent is actually paying, as evidenced by documentation as provided in division (f)(5)(B)(iii) of this Code section; and
(B) That the date of filing of the initial order for each such other case is earlier than the date of filing of the initial order in the case immediately before the Court, regardless of the age of any Child in any of the cases.
(19) "Presumptive Amount of Child Support" means the Basic Child Support Obligation including Health Insurance and Work Related Child Care Costs.
(20) A "Qualified Child" or "Qualified Children" means any Child:
(A) For whom the Parent is legally responsible and in whose home the Child resides;
(B) That the Parent is actually supporting;
(C) Who is not subject to a Preexisting Child Support Order; and
(D) Who is not before the Court to set, modify, or enforce support in the case immediately under consideration.
Qualified Children shall not include stepchildren or other minors in the home that the Parent has no legal obligation to support.
(21) "Split Parenting" can occur in a child support case only if there are two or more children of the same Parents, where one Parent is the Custodial Parent for at least one Child of the Parents, and the other Parent is the Custodial Parent for at least one other Child of the Parents. In a Split Parenting case, each Parent is the Custodial Parent of any Child spending more than 50 percent of the time with that Parent and is the Noncustodial Parent of any Child spending more than 50 percent of the time with the other Parent. A Split Parenting situation shall have two Custodial Parents and two Noncustodial Parents, but no Child shall have more than one Custodial Parent or Noncustodial Parent.
(22) "Theoretical Child Support Order" means a hypothetical child support order for Qualified Children calculated as set forth in subparagraph (f)(5)(C) of this Code section which allows the Court to determine the amount of child support as if a child support order existed.
(23) "Uninsured Health Care Expenses" means a Child's uninsured medical expenses including, but not limited to, Health Insurance copayments, deductibles, and such other costs as are reasonably necessary for orthodontia, dental treatment, asthma treatments, physical therapy, vision care, and any acute or chronic medical or health problem or mental health illness, including counseling and other medical or mental health expenses, that are not covered by insurance. For further reference see paragraph (3) of subsection (h) of this Code section.
(24) "Work Related Child Care Costs" means expenses for the care of the Child for whom support is being determined which are due to employment of either Parent. In an appropriate case, the Court may consider the child care costs associated with a Parent's job search or the training or education of a Parent necessary to obtain a job or enhance earning potential, not to exceed a reasonable time as determined by the Court, if the Parent proves by a preponderance of the evidence that the job search, job training, or education will benefit the Child being supported. The term shall be projected for the next consecutive 12 months and averaged to obtain a monthly amount. For further reference see paragraph (1) of subsection (h) of this Code section.
(25) "Worksheet" or "Child Support Worksheet" means the Worksheet used to record information necessary to determine and calculate child support. In Child Support Enforcement Agency cases in which neither Parent prepared a Worksheet, the Court may rely solely on the Worksheet prepared by the Child Support Enforcement Agency as a basis for its order. For further reference see subsection (m) of this Code section.
(b) Process of calculating child support. Pursuant to this Code section, the determination of child support shall be calculated as follows:
(1) Determine the monthly Gross Income of both the Custodial Parent and the Noncustodial Parent. Gross Income may include imputed income, if applicable. Gross Income shall be calculated on a monthly basis. The determination of monthly Gross Income shall be entered on the Child Support Schedule A-Gross Income;
(2) Adjust each Parent's monthly Gross Income by deducting the following from the Parents' monthly Gross Income, and entering it on the Child Support Schedule B-Adjusted Income if any of the following apply:
(A) One-half of the amount of self-employment taxes;
(C) Theoretical Child Support Order for Qualified Children, if allowed by the Court;
(3) Add each Parent's Adjusted Income together to compute the Combined Adjusted Income;
(4) Locate the Basic Child Support Obligation by referring to the Child Support Obligation Table. Using the figure closest to the amount of the Combined Adjusted Income, locate the amount of the Basic Child Support Obligation in the column underneath the number of children for whom support is being determined. If the Combined Adjusted Income falls between the amounts shown in the table, then the Basic Child Support Obligation shall be based on the income bracket most closely matched to the Combined Adjusted Income;
(5) Calculate the pro rata share of the Basic Child Support Obligation for the Custodial Parent and the Noncustodial Parent by dividing the Combined Adjusted Income into each Parent's Adjusted Income to arrive at each Parent's pro rata percentage of the Basic Child Support Obligation;
(6) Find the Adjusted Child Support Obligation amount by adding the additional expenses of the costs of Health Insurance and Work Related Child Care Costs, prorating such expenses in accordance with each Parent's pro rata share of the obligation and adding such expenses to the pro rata share of the obligation. The monthly cost of health insurance premiums and Work Related Child Care Costs shall be entered on the Child Support Schedule D-Additional Expenses. The pro rata share of the Basic Child Support Obligation and the pro rata share of the combined additional expenses shall be added together to create the Adjusted Child Support Obligation;
(7) Determine the Presumptive Amount of Child Support for the Custodial Parent and the Noncustodial Parent resulting in a sum certain single payment due to the Custodial Parent by assigning or deducting credit for actual payments for Health Insurance and Work Related Child Care Costs;
(8) In accordance with subsection (i) of this Code section, deviations subtracted from or increased to the Presumptive Amount of Child Support are applied, if applicable, and if supported by the required findings of fact and application of the best interest of the child standard. The proposed Deviations shall be entered on the Child Support Schedule E-Deviations. In the Court's or the jury's discretion, Deviations may include, but are not limited to, the following:
(C) Other health related insurance;
(D) Child and dependent care tax credit;
(H) Permanency plan or foster care plan;
(J) Nonspecific deviations; and
(9) The Final Child Support Order shall be the Presumptive Amount of Child Support as increased or decreased by Deviations. The final child support amount for each Parent shall be entered on the Child Support Worksheet, together with the information from each of the utilized schedules;
(10) In addition, the Parents shall allocate the Uninsured Health Care Expenses which shall be based on the pro rata responsibility of the Parents or as otherwise ordered by the Court. Each Parent's pro rata responsibility for Uninsured Health Care Expenses shall be entered on the Child Support Worksheet; and
(11) In a Split Parenting case, there shall be a separate calculation and Final Child Support Order for each Parent.
(c) Applicability and required findings.
(1) The child support guidelines contained in this Code section are a minimum basis for determining the amount of child support and shall apply as a rebuttable presumption in all legal proceedings involving the child support responsibility of a Parent. This Code section shall be used when the Court enters a temporary or permanent child support order in a contested or noncontested hearing. The rebuttable Presumptive Amount of Child Support provided by this Code section may be increased according to the best interest of the Child for whom support is being considered, the circumstances of the parties, the grounds for Deviation set forth in subsection (i) of this Code section, and to achieve the state policy of affording 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.
(2) The provisions of this Code section shall not apply with respect to any divorce case in which there are no minor children, except to the limited extent authorized by subsection (e) of this Code section. In the final judgment or decree in a divorce case in which there are minor children, or in other cases which are governed by the provisions of this Code section, the Court shall:
(A) Specify in what sum certain amount and from which Parent the Child is entitled to permanent support as determined by use of the Worksheet;
(B) Specify as required by Code Section 19-5-12 in what manner, how often, to whom, and until when the support shall be paid;
(C) Include a written finding of the Parent's Gross Income as determined by the Court or the jury;
(D) Determine whether Health Insurance for the Child involved is reasonably available at a reasonable cost to either Parent. If the Health Insurance is reasonably available at a reasonable cost to the Parent, then the Court may order that the Child be covered under such Health Insurance;
(E) Include written findings of fact as to whether one or more of the Deviations allowed under this Code section are applicable, and if one or more such Deviations are applicable as determined by the Court or the jury, the written findings of fact shall further set forth:
(i) The reasons the Court or the jury deviated from the Presumptive Amount of Child Support;
(ii) The amount of child support that would have been required under this Code section if the Presumptive Amount of Child Support had not been rebutted; and
(iii) A finding that states how the Court's or the jury's application of the child support guidelines would be unjust or inappropriate considering the relative ability of each Parent to provide support and how the best interest of the Child who is subject to the child support determination is served by Deviation from the Presumptive Amount of Child Support;
(F) Specify the amount of the Noncustodial Parent's parenting time as set forth in the order of visitation; and
(G) Specify the percentage of Uninsured Health Care Expenses for which each Parent shall be responsible.
(3) When child support is ordered, the party who is required to pay the child support shall not be liable to third persons for necessaries furnished to the Child embraced in the judgment or decree. In all cases, the parties shall submit to the Court their Worksheets and schedules and the presence or absence of other factors to be considered by the Court pursuant to the provisions of this Code section.
(4) In any case in which the Gross Income of the Custodial Parent and the Noncustodial Parent is determined by a jury, the Court shall charge the provisions of this Code section applicable to the determination of Gross Income. The jury shall be required to return a special interrogatory determining Gross Income. Based upon the jury's verdict as to Gross Income, the Court shall determine the Presumptive Amount of Child Support in accordance with the provisions of this Code section. The Court shall inform the jury of the Presumptive Amount of Child Support and the identity of the Custodial and Noncustodial Parents. In the final instructions to the jury, the Court shall charge the provisions of this Code section applicable to the determination of Deviations and the jury shall be required to return a special interrogatory as to Deviations and the final award of child support. The Court shall include its findings and the jury's verdict on the Child Support Worksheet in accordance with this Code section and Code Section 19-5-12.
(5) Nothing contained within this Code section shall prevent the parties from entering into an enforceable agreement contrary to the Presumptive Amount of Child Support which may be made the order of the Court pursuant to review by the Court of the adequacy of the child support amounts negotiated by the parties, including the provision for medical expenses and Health Insurance; provided, however, that if the agreement negotiated by the parties does not comply with the provisions contained in this Code section and does not contain findings of fact as required to support a Deviation, the Court shall reject such agreement.
(6) In any case filed pursuant to Chapter 11 of this title, relating to the "Child Support Recovery Act," the "Uniform Reciprocal Enforcement of Support Act," or the "Uniform Interstate Family Support Act," the Court shall make all determinations of fact, including Gross Income and Deviations, and a jury shall not hear any issue related to such cases.
(d) Nature of guidelines; Court's discretion. In the event of a hearing or trial on the issue of child support, the guidelines enumerated in this Code section are intended by the General Assembly to be guidelines only and any Court so applying these guidelines shall not abrogate its responsibility in making the final determination of child support based on the evidence presented to it at the time of the hearing or trial.
(e) Duration of child support responsibility. The duty to provide support for a minor Child shall continue until the Child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs; provided, however, that, in any temporary, final, or modified order for child support with respect to any proceeding for divorce, separate maintenance, legitimacy, or paternity entered on or after July 1, 1992, the Court, in the exercise of sound discretion, may direct either or both Parents to provide financial assistance to a Child who has not previously married or become emancipated, who is enrolled in and attending a secondary school, and who has attained the age of majority before completing his or her secondary school education, provided that such financial assistance shall not be required after a Child attains 20 years of age. The provisions for child support provided in this subsection may be enforced by either Parent, by any Nonparent Custodian, by a guardian appointed to receive child support for the Child for whose benefit the child support is ordered, or by the Child for whose benefit the child support is ordered.