When a couple files for a divorce in Georgia, it is the court that determines who of the either parent owes child support and by how much. Once the child support orders have been passed by the court, the order can only be changed when either of the parents files a petition in the court to modify its original order. It means that paying and receiving child support are not necessarily permanent and are subject to change. So, whenever any parent experiences a change in their circumstances they might want to warrant a child support modification.
How Is It Done In Georgia?
The child support laws are handled differently by every state. There are numerous reasons why the judges may consider modifying child support in Georgia. However, the petitioner would have to bring in the proof to support their claim. The court may think about increasing or decreasing the child support because of the following reasons:
• Significant rise in the cost of living
• Noteworthy increase in the income of the paying parent
• The parent with the custody of the kid involuntarily loses the job or falls ill
• Physical disability of either parent
• A substantial increase in the needs of the child with age
• Change in custody of the child; it might be given to the paying parent
• Either parent remarries and receives additional income
How to Tackle the Situation
Whatever be the reason, the petitioning party has to ascertain that there’s been a noteworthy change in the circumstances, in order to prompt an upward or downward modification from the court. It is important to get the order from the judge and not rely on the verbal agreement between you and your ex, as it is not legally bonded. Until there’s an official court order, the last court order will be upheld and you will have to adhere to it. Therefore, even if the child moved in with you, you will be responsible to pay for child support.
In Georgia, the chances of court awarding attorney’s fees to the prevailing party are high, irrespective of the fact that which party filed the case. However, the court awards the attorneys fee or not depends upon the cases, but the possibility are quite high. Since the change in modification is usually vital to the petitioner, you must discuss it with an attorney before going through with it.
At the End
The child support modification is a legally approved thing; therefore get the court orders and not rely on the verbal agreement between the two parties. Get in touch with a good divorce lawyer to understand the complete procedures for child support modification in Georgia.