PRACTICE AREAS
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CHILD SUPPORT MODIFICATION |
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Georgia law allows a party to file a modification of child support once every two years or when there is a significant change in circumstances. A significant change in circumstances can include a loss of job or income or a significant increase in income through a raise or promotion. If you are paying child support and have suffered a job loss, you may petition the court for a reduction in child support. You may also ask for an expedited hearing and for the child support to be back dated to the date of filing. Unless you request an expedited hearing, however, you may have to wait months to obtain an order reducing your child support. If you are receiving child support and the other parent has had an increase in income, you may petition the court for an increase in child support. When filing for a Modification for Increase in Child Support, the terms of your settlement agreement of your divorce can become very important. The Millard Law Firm understands how important it is to include provisions in the original settlement agreement that requires the party paying child support to provide proof of income to the party receiving child support. Without such provisions, it may be very difficult to determine whether a party receiving child support is even entitled to a change in child support. Without such provisions, a party receiving the child support may be forced to spend thousands of dollars on attorney’s fees and filing fees before finding out that said party is not entitled to a modification. In January 2007, the Georgia legislature changed the child support laws in a way that could have drastically increased or decreased child support obligations. In anticipation of an increase of litigation solely as a result of a change in the law, the new law does not allow a modification based solely on a change in child support obligation as a result of the new law. A party seeking a modification must still establish a significant change of circumstances or wait at least two years from the most recent order of support. If you have not had your child support obligation reviewed since January 1, 2007, please call the Millard Law Firm to schedule a free consultation. For more general information on child support or to determine how child support is calculated, refer to our page on child support.
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