A parent may only file a petition for modifications to their child support order if there has been a significant change in their circumstances. Requesting changes to a child support order can be done once every two years, but there are some exceptions to this. For instance, a material change in either parent’s income or in their children’s financial needs could form the basis of a successful petition.
If you are looking to alter your current order, you should consider contacting a knowledgeable Cumming child support modification lawyer. A local child support attorney can assess your situation, determine your legal options, and help you choose a path that gives you the best chances for success.
Requirements for Requesting Changes
Filing a petition for child support modification in Cumming can be made easier with the assistance of an experienced attorney who is familiar with the complexities and potential pitfalls of the process.
In general, a parent who wishes to modify child support must demonstrate that:
- Either party has experienced a material change in circumstances;
- The children’s needs have changed substantially; and
- The current order is no longer applicable or appropriate for their family.
Additionally, either party may file a petition for child support modification at any time for certain qualifying circumstances like an involuntarily loss of income. Modifications can also be made if the parent who pays child support has failed to abide by the court-ordered visitation schedule.
Temporary and Permanent Alterations
Depending on the circumstances, a local judge may decide to modify a child support order on a temporary basis. For example, a child’s medical emergency or a parent’s temporary economic hardship may not convince a Cumming family court to make permanent changes to their child support order.
A permanent child support modification may be implemented and remain in effect until the child turns 18 and graduates from high school, with some exceptions. Circumstances which could warrant permanent alterations include:
- Either parent earning a significant increase in income;
- A significant increase in the cost of the children’s schooling or medical needs; and
- Either parent becoming disabled or suffering a long-term illness.
A cost of living adjustment, or COLA, clause could be included in a child support agreement according to a judge’s orders. They could require support payments to increase every year at a rate comparable to the cost of living, which is often determined by the Consumer Price Index or similar economic indicators.
Establishing these needs in court can be difficult without legal representation. Fortunately, a driven lawyer in Cumming who has experience with child support modification cases can help you advocate for or defend against proposed changes to your current order.
Contact a Cumming Child Support Modification Attorney Today
A change in your circumstances must be significant enough to impact your children’s needs in order to qualify for a legally binding modification to your child support order. However, you will likely require the help and guidance of a diligent Cumming child support modification lawyer. Do not hesitate to reach out to our intake team today for more information about what legal options might be available to you.
