If your current child support order no longer works for you and your children, you may be able to ask the court for a modification. A skilled child support attorney would be a valuable advocate during this complex legal process.
The court will only adjust child support under certain circumstances, and you will have to prove that grounds for a modification exist. The law limits how often child support order can be changed, so you should present the best possible case when asking for an adjustment. A well-versed Forsyth County child support modification lawyer can help you achieve an outcome that meets your family’s needs.
A parent hoping to modify child support may petition the court for alterations. According to the Official Code of Georgia Annotated §19-6-15(k)(4), modification cases follow the same procedural rules as divorce cases. A parent may request a jury to determine both parties’ incomes and deviations, but other decisions would be up to a judge.
The petitioner must provide testimony and evidence to show the court:
Failing to provide sufficient evidence will likely result in the tribunal denying a petition, and in many cases, a parent will not be able to ask for another modification for two years. A Forsyth County child support adjustment attorney could work to prepare a strong modification case for a parent. For more information, contact an experienced legal professional.
When a parent experiences an involuntary income reduction, they can request a change to their child support order. O.C.G.A. §19-6-15(k)(2)(C) allows modifications based on a parent’s involuntary loss of income even if it has not been two years since the last alteration or support order.
Since Forsyth County courts calculate child support based on both parents’ income, a custodial or non-custodial parent’s loss of income could warrant a modification request. O.C.G.A. §19-6-15(j) lists several circumstances which may lead to an involuntary loss of income, including:
This rule is not always straightforward. Sometimes a judge may find that a parent is unemployed by their own choice, and the law also limits adjustments based on incarceration. However, a knowledgeable child support alteration lawyer in Forsyth County can advocate for an adjustment on behalf of someone who has lost a significant portion of their income.
Another common reason for modifications of child support is when a non-custodial parent exercises more or less visitation than what the court orders. Since the amount of time spent with a child affects support, a long-term deviation in visitation may necessitate a modification. A parent may request a review of child support for this reason regardless of the date of the prior order.
The law limits modifications based on loss of income and children’s need to once every two years. A Forsyth County lawyer can review a parent’s situation and advise them on whether to seek a modification of their current child support arrangement.
Modifying child support may be a smart move if your circumstances have changed substantially since your last court order. A thorough understanding of child support laws and may improve your chances for a positive outcome.
A Forsyth County child support modification lawyer can provide the knowledge and experience necessary to meet your family’s needs. Call our intake team today to learn about how to get started.