Gwinnett County Modification of Child Support Attorneys
Lawrenceville Attorneys Ensure Child Support Orders Are Fair To You And Your Children
Losing a job or taking a significant cut in pay can be a reason to seek a child support modification.
If you lose your job or take a pay cut, your child support obligation doesn’t change automatically. Don’t wait until the custodial parent decides to sue you for contempt, because child support modifications are not retroactive. If you lose your job in January but wait until May to file, you generally still owe the full amount for those months, because support already due cannot be reduced retroactively; for an involuntary loss of 25 percent or more of income, the law may stop the portion of support tied to the lost income from building up starting when the other parent is served, and the court can grant a temporary change while the case is pending. Don’t be lulled into a false sense of security just because the other parent says he or she agrees to less child support until you get your job back. Unless the court modifies the order, you still owe the full amount.
The converse situation can also be a basis for modification, if the non-custodial parent was unemployed at the time of the divorce, but now they have found work. Your child may be entitled to more support than he or she is currently getting. Again, modifications aren’t retroactive, so it’s important to act quickly or you might short change your children.
Georgia overhauled its child support guidelines effective January 1, 2007. Georgia’s child support formula considers both parents’ incomes, work related child care costs, the child’s health insurance, court ordered parenting time, and other factors. That is not to say that any change will allow you to modify the child support order from your divorce or legitimation, there must be a “substantial change in either parent’s income and financial status or the needs of the child.” There are also the new timing requirements and their accompanying exceptions to consider.
You may need to file for a modification of child support if:
- The non-custodial parent has been exercising more parenting time than is laid out in the court order
- There is an involuntary loss of income for either parent
- Either parent has a significant increase in income
- Any of the child’s needs, including additional child care or health insurance, have increased substantially
- Once child reaches the age of majority and there is no provision for a decrease in child support in your current order.
If you believe there has been a change big enough to justify a child support modification, you need to consult an experienced lawyer before jumping into a modification.
The attorneys at our Lawrenceville office understand the complex ins and outs of the new laws and will make sure your child support order is appropriate for your family’s circumstances.
From our office in Lawrenceville, our lawyers represent clients in communities throughout Walton County and Gwinnett County, Georgia.
Call us at (770) 285-1673 or contact us by email to arrange a free case evaluations today.
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Frequently Asked Questions: Child Support Modification in Georgia
When can child support be modified in Georgia?
Child support can be modified when there is a substantial change in either parent's income or financial circumstances or in the child's needs. As a general rule a review is available no more than once every two years without such a change, though Georgia recognizes exceptions, such as an involuntary loss of income. Daniels & Taylor, P.C. advises whether your circumstances qualify.
How do I request a child support modification?
You file a petition to modify in the Superior Court, and the new amount is calculated using the current Income Shares guidelines and both parents' present incomes. Daniels & Taylor, P.C. prepares the calculation and the filing.
Can support be lowered if I lose my job?
A substantial, involuntary loss of income can be grounds to seek a downward modification. It is important to file promptly, because support that has already come due generally cannot be reduced retroactively. Daniels & Taylor, P.C. helps you act in time.
Does the other parent's income affect a modification?
Yes. Georgia's Income Shares model uses both parents' current incomes, so a significant change for either parent can affect the support amount. Daniels & Taylor, P.C. ensures the figures are accurate.