logo logo

770-609-1247 | Georgia Child Support Modification Attorneys

Divorce Family Bankruptcy Business Estates Wills Trusts Immigration Lawyers Attorneys Georgia
Consultation_Graphic

Coleman Legal Group, LLC

Call 770-609-1247 now to speak with one of our experienced Georgia Child Support Modification Attorneys.

In an action to modify a child support order, either upward or downward, a parent must prove that there has been a substantial change in either parent’s income and financial status or in the child’s financial needs since the original child support order was entered. A parent must wait for two (2) years after making a previous request to modify child support to ask for a subsequent modification. There are three (3) notable exceptions to the two (2) year rule where an action to modify child support can be filed at any time. These exceptions are:

  • the request for modification is based on the parent’s involuntary loss of income.  This is usually in the form of reduced income or the loss of a job; and/or
  • the noncustodial parent has failed to exercise court-ordered visitation, and/or
  • the noncustodial parent has exercised more visitation than the court ordered.

if any of the above three (3) conditions are met, an action to modify child support is reconsidered under the Georgia child support guidelines, based on each parent’s income and time spent with the child.

The Court can reduce your child support if you lose your job or if your income is reduced.  If you lose your job, Georgia law gives you the right to immediately file an action to modify your child support obligation.  A party generally has to wait at least two (2) years after filing for a previous modification of child support to file a new request. However, a parent that loses a job or suffers another hardship that results in a loss of at least twenty five percent (25%) of that parent’s income may file for modification of child support right away — whether or not two (2) years have passed.

It is important to note that the filing parent’s child support obligation will stop accruing at the original rate once the request for modification is served on the other party.  If you have lost your job or your income has been reduced, you should speak with one of our Georgia Family Layers about filing a medication as soon as possible.

Likewise, the Court may increase a party’s child support obligation because he/she got a raise in their income.  In an action to modify child support, the filing party must establish that there has been a substantial change in the income and the financial status of either parent.  Otherwise, the filing parent must show a substantial change in the financial needs of the child since the date of the original support order.

Although not common, if you get remarried, the Court can also increase a party’s child support based on the new spouse’s income.  As in other child support modification actions, the filing parent must establish that there has been a substantial change in income and financial status of either parent or in the financial needs of the child, since the date of the original support order.  Specifically, to prevail, the parent requesting the modification must prove that the remarriage resulted in a substantial increase in the other parties income / financial situation.  In the alternative, it is also common for remarriage to result in a downward change in a parent’s overall financial situation.  Specifically, the Court will also consider the possibility that the party that has remarried has also increased their financial obligations to their new spouse and their new spouse’s children and dependents.

It is also important to note that you cannot unilaterally reduce or stop my child support payment when your child graduates from high school or turns eighteen (18) years of age.  Although the Court will likely reduce your obligation when a child graduates from high school or turns eighteen (18) years of age, you must file for a modification to legally lower or terminate your child support obligation.

We frequently are asked if a parent can stop paying child support if the child comes to live with them.  As in all other circumstances, until your child support obligation is legally terminated by the Court, a party is required to continue paying support to the other parent. Fortunately though, it is likely that the court will terminate your child support obligation once the court has had time to consider a motion for a modification based on these facts.

There are limits to how often you can file for a modification of child support.  Initially, a party can file for a child support modification any time after the original child support order is entered.  However, once the first modification is filed by a party, a motion to modify child support cannot be filed by the same party until two (2) years have passed, unless one of the recognized exceptions listed above applies.

For a modification in child support to be enforceable, the Court must have modified the original order on child support.  Otherwise, even if there is a verbal or signed agreement between the parties, the other party is under no legal obligation to pay the increased amount.

It is important to note, that modifications for child support are not retroactive to the date the case is filed.  A modification of child support (upward or downward) is effective as of the date of the order modifying the child support.  Again, there is an exception to this rule when a party files to modify child support based on an involuntary job loss or other loss of income.  In these cases, the portion of child support directly related to the lost income will stop accruing as of the date the party files to modify child support and the other party is served with the petition.

Call 770-609-1247 or use the Email Submission Form Below

Weekend and Evening Appointments and Consultations Available.

Your Name (required)

Your Email (required)

Your Telephone Number

Your Zip Code (required)

Your Message (required)

captcha

Input the code above.

I have read the Disclaimer


Coleman Legal Group, LLC handles cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Johns Creek, Milton, Cumming, Marietta, Sandy Springs, Woodstock, Kennesaw, Gainesville, Norcross, Lawrenceville, Midtown, Inman Park, Duluth, Buckhead, Dunwoody, Vinings and Smyrna.

Our Georgia attorneys frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette and Clayton.

Coleman Legal Group, LLC’s Georgia lawyers practice in the areas of Divorce, Family Law, Estates, Wills, Trusts, Probate, Bankruptcy, Business Law and Immigration. We have offices conveniently located at:

Alpharetta Georgia
North Point Park
5755 North Point Parkway
Suite 52
Alpharetta, GA 30022
Phone: 770-408-0477 | Map

Atlanta Georgia
Colony Square
1201 Peachtree Street, 400
Colony Square, Suite 200
Atlanta, GA 30361
Phone: 770-408-0477 | Map

Dunwoody
Sandy Springs

1200 Abernathy Road
Building 600
Northpark Town Center
Atlanta, GA 30328
Phone: 770-408-0477 | Map

Cumming Georgia
The Avenue Forsyth

410 Peachtree Parkway
Building 400, Suite 4245
Cumming, GA 30041
Phone: 770-408-0477 | Map

Johns Creek
Duluth Georgia

11555 Medlock Bridge Rd
Suite 100
Johns Creek, GA 30097
Phone: 770-609-1247 | Map

Duluth Georgia
Sugarloaf

2180 Satellite Boulevard
Suite 400
Duluth, GA 30097
Phone: 770-609-1247 | Map

Kennesaw Georgia
TownPark Center
125 TownPark Drive
Suite 300
Kennesaw, GA 30144
Phone: 770-609-1247 | Map

Lawrenceville
Huntcrest
1755 North Brown Road
Suite 200
Lawrenceville, GA 30043
Phone: 770-609-1247 | Map

Copyright © 2017 | Coleman Legal Group, LLC | All Rights Reserved. Coleman Legal Group, LLC • 5755 North Point Parkway, Suite 52 • Alpharetta, GA 30022 • 770-609-1247 DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

 

Child Support in Georgia

Posted by on Mar 17, 2016 in Divorce, Family Law | 0 comments

Child Support in Georgia

The Georgia Child Support Commission issues the guidelines regarding child support. The guidelines at codified in O.C.G.A. § 19-6-53. The State of Georgia resolves the issue of child support by using an “income shares” model. This means both parents’ incomes are used to determine child support. The state guidelines mandate the universal use of a child support worksheet to input the income of both parents in order to determine the appropriate amount of child support. The worksheet generates an amount based on income and expenses paid towards...

read more

How Will My Divorce Be Affected By My Spouse’s Bankruptcy?

Posted by on Jan 7, 2016 in Bankruptcy, Divorce, Family Law | 0 comments

How Will My Divorce Be Affected By My Spouse’s Bankruptcy?

How Will My Spouse’s Bankruptcy Affect My Divorce? If your spouse files for bankruptcy in the middle of your divorce case, then your divorce case is usually “stayed” or temporarily stopped by the bankruptcy court. The bankruptcy court does this because the assets and joint marital property then become part of the bankruptcy proceeding. This means that once a bankruptcy is filed it will temporarily prevent the property from being divided during the divorce. Therefore the bankruptcy will stop all collection activities and the disposition...

read more

Child Custody Basics in Georgia

Posted by on Oct 27, 2015 in Divorce, Family Law | 0 comments

Child Custody Basics in Georgia

In Georgia divorce and family law cases, there are two types of custody: legal custody and physical custody. In almost all cases both of the custody types are shared between the parents.  However, some child custody cases do involve grandparents, uncles, aunts and non-family members depending on the circumstances. In this discussion, we will mostly discuss issues that affect parents in child custody cases. Typically, the parents are awarded joint legal custody, which means that the parents must share in all of the decision making in regards...

read more

Is Separation Right For You?

Posted by on Sep 29, 2015 in Divorce, Family Law | 0 comments

Is Separation Right For You?

We frequently talk to clients about whether they should file for a legal separation (separate maintenance) or a divorce.  The answer usually is in both the emotions and facts of the case. For example, emotionally the parties feel their may be a chance of reconciliation, a separation may be the best course of action.  And from a practical standpoint, a separation is good if both of the parties are on one of the spouse’s employer sponsored health insurance plans and they want to continue the coverage.  Below is a discussion of other...

read more

What is a Standing Order in a Divorce Case?

Posted by on Aug 27, 2015 in Divorce, Family Law | 0 comments

What is a Standing Order in a Divorce Case?

When the process of a divorce is started, the court will generally issue certain orders that are to be obeyed while the divorce is happening, they are known as automatic domestic standing orders.  In Georgia, the standing order is put in place to protect both of the divorcing spouses from misconduct.  A violation of any of the standing orders can result in some jail time due to being in contempt of the court.  The standing orders vary from county to county, for example, in Fulton county the divorcing spouses are restricted from: Removing...

read more

What is a Motion to Dismiss?

Posted by on Jun 16, 2015 in Bankruptcy, Business, Divorce, Estates | Wills | Trusts | Probate, Family Law, Immigration, Sports & Entertainment | 0 comments

What is a Motion to Dismiss?

What is a Motion to Dismiss? A motion to dismiss is a form of legal pleading in response to the filing of a court case in which the defendant request that the court throw the case out of court. A plaintiff may also file a motion to dismiss a case if a settlement is reached or if it is recommended by counsel that the case be closed. If the defendant files the motion to dismiss it is generally assumed that the defendant denies any claims brought forth by the plaintiff. A Motion to Dismiss can be filed in almost any type of litigation or case...

read more

Health Insurance and Divorce in Georgia

Posted by on May 18, 2015 in Divorce, Family Law | 0 comments

Health Insurance and Divorce in Georgia

It is important to consider how every aspect of your life will be impacted during and after a divorce.  For example, how a divorce will affect your health insurance is often overlooked – but a very important issued that needs to be considered.  One of the main concerns is how much time will the spouse have left on their prior coverage so they can find another health insurance plan.  For those that are worried about their health insurance and how it will change due to a divorce, there are some options.  For example, it is quite common...

read more

Divorce, Separation and Annulment – FAQs

Posted by on Apr 8, 2015 in Divorce, Family Law | 0 comments

Divorce, Separation and Annulment – FAQs

Should the time come that a married couple no longer wants to be together, they may have some questions about their options. Some couples automatically assume that divorce is the only way, but there is also the option of legal separation – and is some rare instances an annulment of the marriage is possible.  Below are some frequently asked questions our clients ask in regard to Georgia legal separation, annulment and divorce cases that can help you make an informed decision about your future. What is a divorce? Simply put, a divorce is...

read more

Can Child Support be Discharged in Bankruptcy?

Posted by on Apr 2, 2015 in Bankruptcy, Divorce, Family Law | 0 comments

Can Child Support be Discharged in Bankruptcy?

Say that after a divorce, the judge has ordered one of the spouses to pay child support to the other. It may be possible for the paying spouse to miss payments and end up having a lot of back child support. It may also be possible that the paying spouse has may file for bankruptcy. The immediate question upon learning their ex-spouse has filed bankruptcy will they still be receiving their child support as ordered in the divorce. It is important to note, this discussion also applies to parents of children that were never married – but...

read more

Changing Your Name Following a Divorce

Posted by on Dec 15, 2014 in Divorce, Family Law | 0 comments

Changing Your Name Following a Divorce

How to Change your Name In your divorce you have the ability to opt and change your last name back to a former or maiden name. In most states including Georgia you may request the judge to restore a former name or birth name during your divorce proceeding. If the judge rules that a name change is acceptable then the name change will be granted and included within the final divorce decree. Once the final divorce decree is signed and certified then it will act as the legal document proving the name change. Once you obtain this legal...

read more
bottom