Cumming Child Support Lawyer
For many parents, child support payments are necessary to help them provide for children after a separation or divorce. Such payments may also help parents give their children a sense of normality during a time of great change in their lives. In some instances, however, courts do not grant the child support many parents need. A Cumming child support lawyer may be able to help fix that problem by petitioning for new child support payments or child support modifications. Should you choose to retain one, a dedicated family attorney could review your case and advise you on the best course of action. Then, they could file paperwork with the court to request new or expanded child support based on your needs.
Basic Child Support Laws
Georgia courts generally make decisions on child support payments during separation or divorce proceedings. Courts usually calculate the appropriate amount of child support for a child according to a set statutory formula that takes into account the gross income of each parent.
However, under Official Code of Georgia §19-6-5, a court may deviate from that set amount based on any of the following factors:
- One parent’s high or low income;
- Provision of health insurance for the child;
- Either parent’s life insurance;
- Any alimony payments;
- Parenting time.
For example, a parent may receive increased child support amounts if they are responsible for the lion’s share of parenting time. By contrast, a parent may have their child support obligations adjusted or reduced based on expenses they incur traveling to visit or have parenting time with children.
Parents may also be able to obtain temporary child support, as per O.C.G.A. §19-6-14. Temporary support lasts only until a final judgment in the divorce, and courts generally apply the same calculations and factors listed above. Parents who have questions about how these calculations are made may wish to call a Cumming child support lawyer for further information.
Collection of Child Support
A court has the power to garnish the wages of those who are behind in their child support payments for a month or more. Generally, under O.C.G.A. §19-6-32, any wage garnishment or income deduction enters into effect immediately unless the parties have provided for an alternate arrangement in a written agreement.
Additionally, parents who are behind in their child support by 60 days or more risk having a court suspend their driver’s, business, professional, and even hunting and fishing licenses until remittance is made. On the flip side of the coin, parents who need assistance in collecting child support could call a child support lawyer in Cumming for a consultation.
Child Support Modifications
Under O.C.G.A. §19-6-15, either parent may petition a court to modify child support if there is a substantial change in any of the following:
- One or both parents’ income;
- One or both parents’ financial status;
- Needs of the child.
However, parents generally must wait two years from the date of the previous child support order before they may petition for a modification.
Once a parent files a modification petition and their case is heard, the court decides whether new child support amounts are appropriate. Additionally, a court may grant attorney’s fees and litigation expenses to the prevailing party.
Let a Cumming Child Support Attorney Help
Many parents who need child support often wind up not receiving it. Some are not even aware that they are eligible for child support, while others may be unfamiliar with how to petition for child support modifications.
Fortunately, a Cumming child support lawyer from our firm may be able to help. If you are eligible for new or expanded support payments, your steadfast attorney could petition on your behalf and represent you in hearings to help ensure you receive the child support you deserve. For professional child support assistance, get in touch with our legal team as soon as possible.
