Child Support Modification

In Georgia, if you are paying child support and have experienced a change in circumstance, such as a job loss or other reduction in income, you can petition the court to modify your child support obligation. Similarly, if you are receiving child support and are aware that your ex-spouse has experienced an increase in income, you can ask the court to increase the amount of child support that your ex-spouse pays. Georgia law allows parties to request modification of child support every two years or when there is a significant change of circumstances. A significant change of circumstances can include a loss of a job or significant increase in income through a promotion or other bonus. The lawyers at The Law Offices of Betty Nguyen Davis know that a properly negotiated divorce settlement can obligate your spouse to provide periodic proof of income that may lay the groundwork for a future modification action. For parties who obtained divorces in Georgia prior to the January 1, 2007 change in child support laws, the new child support worksheet could have increased or decreased a party’s obligation to pay child support. In anticipation of an increase in litigation solely for that reason, the new law did not allow a party to file for a modification of child support based on the new child support worksheet’s increase or decrease of child support obligations alone. Thus, a party seeking a modification of child support must demonstrate a significant change in circumstances or wait at least two years since the last child support modification. If you have not had your child support obligation reviewed since January 1, 2007, please call The Law Offices of Betty Nguyen Davis at (404) 593-2620 to schedule a free consultation with an attorney and to determine if it is advisable to seek such a modification. For more general information on child support or to determine how child support is calculated, refer to our page on child support.