478-743-5051
Quick Contact
Complete this form to have a Macon Georgia Family Lawyer contact you or call us at 478-743-5051
Name:
Email:
Phone:

Describe Your Situation:


All info submitted will be kept confidential and private. An attorney client relationship is not established by submitting this initial contact information to our office.

Modifying Child Support in Georgia

Macon GA Child Support Modification Lawyer

Child support calculations and modifications of the guidelines have presented involved parents with options they did not recognize previously. After the most current modification of the child support guidelines in 2007, both parents have to shell out money to provide for their child’s needs. This was not the case previously where monetary support was primarily paid by the non custodial parent. The intention being that since child stays with custodial parent; there would be requirement of financial help towards food, clothing, housing etc.

 

Usually, it is in best interests of child and parents concerned to come to an agreement regarding all this amicably but in case they are not able to reach an agreement, child support guidelines statute details rules that have to be followed in the state of Georgia with regard to child support. There are factors that are considered by the court to adjust the child support guidelines in best interests of the child. These are of two types, mandatory and discretionary adjustments.

 

Mandatory Adjustments

 

Child support already being paid to other children.

Cost of child care due to work like day care etc.

Health insurance premiums and associated expenses.

Taxes that are paid by self employed.

Social security benefits towards children from the State.

 

Discretionary adjustments include

 

Medical and educational costs which are more than the standard and ordinary.

Support being offered by either parent to another household.

In-kind allowances received by either parent such as company car, reimbursed canteen facilities etc.

In-kind contributions made by parents.

Travel expenses which are in congruence with visitation and shared physical custody.

Exercise of parenting time by non custodial parent.

Two Year Rule

Modifications can be filed for child support in Georgia for two reasons.

Change in material circumstance of either parent.

Changed needs of child.

 

Either parent has the right to file for child support modifications. Change in material situation should demand an increase when initiated by obligee or decrease when obligor initiates process of modification. For the modification to be successful sufficient proof has to be presented to reveal changed circumstance of parent or needs of the child as the case may be. Substantial and convincing evidence would prompt the court to rule in favor of modification.

 

Until previously there was no waiting period for modification application of child support. However, after the changes of 2007, there is a two year waiting period once a modification order is passed before applying for child support order modification. As with all rules, the two year rule also has exceptions. Child support modifications would be considered if non custodial parent has not complied with court order regarding visitation and income loss. Modification of child support in Georgia should be appealed for in consultation with a Georgia family law or divorce attorney.