When a judge in Alpharetta issues an order for child support, that order will remain in place until the child reaches adulthood or the court modifies its terms. Either parent can seek a modification of this order, although there is no guarantee that the court will grant their proposed changes or even agree that a modification is necessary.
If you believe the current terms of your child support decree are outdated or unfair, our attorneys can help you initiate and win a modification case. Talk to a local lawyer about how to win a child support modification case in Alpharetta.
The court will not consider every motion to modify child support. Parents can file a motion to modify any time after a child support is originally entered. In cases where a child support order has already been modified in the past, parents generally have to wait two years to seek additional modifications of its terms. However, there are some exceptions to this rule to be aware of. You can always seek a child support modification if:
It is easier to manage these modifications by working with a dedicated lawyer.
Before filing a motion to modify child support, you must ensure that you have valid grounds to do so, even if there has not been a modification in the previous two years. For the court to grant child support modifications, you must be able to establish that there has been a substantial change in the circumstances of either parent or the child.
Sudden and involuntary loss of income qualifies as a change in circumstances. Modification could also be an option if there is a major change in the child’s life. For instance, a child being diagnosed with a severe illness could qualify as a significant change in circumstances that warrant higher child support payments.
Once the groundwork is done, the next step to winning a child support modification case in Alpharetta is filing the motion itself. It is necessary to file the motion in a Georgia family court and notify the other parent of the filing. This initiates the case and gives the other parent the chance to respond.
The court will determine whether a child support modification is necessary during the course of a hearing. At the hearing, both parents will have the chance to voice their concerns and present evidence of a need to modify their child support order.
There are various pieces of evidence a parent could rely on at these hearings. Often, requests for child support modification are based on sudden changes in income, so documents establishing pay increases or job losses could be valuable. When a parent’s earning ability is reduced because of health reasons, medical records could also be valuable. An experienced attorney could review the facts of a case and advise a parent on the best evidence available.
The judge will consider every issue and determine whether a modification of child support is necessary. If they agree, they will issue an order to formally modify child support obligations between the parents.
There are times when the terms of a child support order are no longer reasonable or fair, given the circumstances of either parent or the child. If you need to petition the court for a modification to your or your co-parent’s child support obligations, a member of our team can help you succeed.
A skilled attorney can advise you on how to win a child support modification case in Alpharetta. Call our firm today to learn more from our team.