Modification of Georgia child support is possible if there has been a substantial change in the financial circumstances of either parent, or in the needs of the child. A lay-off, a promotion, a pay cut, or a change in the medical needs of the child can all be considered a substantial change.
Modification of Georgia child support can be made upwards or downwards, and either parent can bring an action for modification, however a parent cannot obtain a modification of Georgia child support based solely on the recent change in Georgia child support law. Nevertheless, if your request for a modification is granted, the new child support amount will be calculated based on the new Georgia child support guidelines. Of course, the application of the new Georgia child support guidelines alone may create a greater child support obligation, so it is important to seek the advice of an experienced family law attorney if you have experienced a loss of income and are considering filing a petition for the modification of your child support obligations.
Your first petition for the modification of your Georgia child support can be filed any time after the final divorce decree. However, once you get your first modification order, you can only file a petition for modification once every two years from the date of your last modification. This two year limitation does not apply if: (1) a noncustodial parent has failed to exercise court ordered visitation (2) a noncustodial parent has exercised a greater amount of visitation than was provided in the court order, or (3) the petition for modification of Georgia child support is based on an involuntary loss of income.
While many people who have experienced a substantial change in income since their child support order went into effect simply stop paying child support, we highly recommend against that. The failure to pay has serious consequences, including being held liable for contempt of court and facing possible jail time. If you feel that it is time for your child support order to be modified, you should contact an Atlanta, GA family law attorney can help guide you through the process.
Getting Started
The above information is meant as a brief summary of certain aspects of child support law in Georgia. If you are dealing with a child support issue, we recommend that you speak with one of our Atlanta family law attorneys sooner rather than later. We are proud to say that our attorneys are among the most knowledgeable and experienced in the state. Click here to see our Credentials and Client Reviews. Please note that for a typical divorce proceeding, our law firm retainer begins at $2,500.00. To set up a consultation with one of our attorneys, please give us a call at (404) 239-3932, or visit our Divorce Attorney Homepage to fill out our contact information form. Thank you and we look forward to working with you.