Suwanee Child Support Modification Lawyer
If you have a Georgia child support order, you may be wondering if you can change the amount you’re paying or receiving. The answer to that question depends on many factors, including changes in your finances or your child’s needs, as well as how long it’s been since the effective date of your existing order and whether you have previously requested a modification.
If you have questions about modifying your Georgia child support order, our team of experienced attorneys at Atlanta Divorce Law Group can help. Even if we didn’t handle your divorce or initial child support order, we can advise you about your next steps. Reach out today to begin working with a Suwanee child support modification lawyer.
Is your Child Support Order Working for You?
An unfair child support order that is the result of a divorce can make a family’s life difficult. A paying parent may find themselves unable to make the payments and suffer severe civil and criminal penalties as a result. Alternatively, a receiving parent may not be able to rely on this steady source of income to take care of their child, or the children in question may not have their needs met.
When a child support order no longer works for a family, either parent may request that a local family court modify it according to their new needs. However, the petitioner must prove that either parent has experienced a significant change in circumstances that makes the terms of their current support order obsolete.
A Suwanee child support modification attorney can help pursue legally binding alterations of a court order.
Common Reasons to Pursue Alterations
The purpose of a support order is to ensure that a child receives the resources they need to grow into a productive adult. This typically involves money to pay for food, clothes, and shelter. A family court issues these orders during divorces or any incident where the parents no longer live together. Any parent without primary physical custody must pay some form of support to the other.
However appropriate these orders may be at the time of creation, certain circumstances in life can change and warrant a modification, such as:
- A paying parent experiencing an illness or injury that keeps them out of work;
- An increase in either parent’s income;
- The child’s financial needs change because of things like additional medical or education expenses;
- Either parent becoming responsible for more children, such as those from a new marriage
- An increase in either parent’s income; or
- A significant and involuntary reduction in either parent’s income.
Keep in mind that you probably won’t qualify for a modification based on a voluntary reduction in income unless there is a justifiable reason for why you stopped working or accepted a lower-paying role. One example might be if a parent stops working outside the home because they become a caregiver for a child dealing with a serious illness or disability.
In Georgia, either parent can petition for a modification of a child support order, regardless of who is paying whom the support. Generally, a substantial change in the child’s needs or in either parent’s income and financial status must be demonstrated for a successful petition.
How Is Child Support Calculated for Modifications?
After you’ve met the threshold requirements for a modification, the court will apply Georgia’s guidelines to calculate child support based on the current financial circumstances.
Once the modification’s threshold requirements are satisfied, the court will apply Georgia’s guidelines to determine child support, considering current financial circumstances. But be warned; when you open the door for a modification, the court will consider evidence of both parents’ financial situations as well as the needs of the children. This can sometimes lead to changes in support requirements that you did not expect.
As an example, a person may decide to request a modification because their job is scheduling them for fewer hours, leading to a reduction in income. This is one of the valid reasons in Georgia to request a modification. However, if the ex-spouse submits evidence that they have also lost income, or if one of the children has increased needs because of a medical or educational issue, the court may order you to pay more in child support, despite your loss of income. Situations like these underscore the importance of having a trusted Suwanee attorney to advise you when preparing to submit a child support modification request.
If Your Case is Handled Through DCSS
Sometimes child support orders are managed through the Division of Child Support Services (DCSS). To initiate a child support modification request through DCSS, either parent may submit form RAF WEB/2-3 to the DCSS, which should include:
- A certified copy of the standing support order;
- Financial documents like tax returns and pay stubs;
- Any supplementary documentation that supports a parent’s position, such as proof of loss of employment or the receipt of TANF benefits; and
- Personal/Financial Affidavit and other DCSS forms.
The DCSS will usually make a decision within six months of receiving a petition for modification. In the meantime, parents must continue the current payment plan. Working with a child support modification lawyer in Suwanee can make a substantial difference in correctly and efficiently requesting alterations.
A Suwanee Child Support Modification Attorney Can Help Set Things Right
The payment of child support is a crucial legal aspect of many parents’ lives. The payor has an obligation to financially support their kids, and a failure to make payments can have severe civil and criminal consequences. The receiving parent also relies on this money to raise their children. It is in a child’s best interests to ensure that a support plan is fair and matches both parents’ current circumstances.
A Suwanee child support modification lawyer from our firm can help you determine your eligibility to make changes to your current order. Contact our intake team today to schedule an appointment.
