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Child Support Modification
Attorneys
Divorce Lawyers - Child Support
Modification, Loss of Job,
Unable to pay
child support obligation in Atlanta & Georgia
Child support can be modified upon
a showing of a substantial change in you or your spouse’s financial
circumstances, or your children’s circumstances.
While the most common types of child
support modification actions are ones based upon a loss of job or an
increase or a decrease in income, the court is not limited to these grounds
for determining whether a modification action is appropriate.
Although there can be differing grounds that serve as a basis for
modification, the recent modification of Georgia’s child support
guidelines alone is not considered a substantial change in
circumstances warranting a modification of child support.
Once a court finds that there has been a
substantial change that justifies a child support modification
action, the court then re-analyzes what child support should be just
as if this was a new child support determination.
For more analysis on how this works
please see our
Child Support page.
There are several important things
to consider when thinking about a modification of child support.
First, we often find that
parties believe that they can avoid the legal process when dealing
with a modification action. In particular, they may
enter into their own arrangements for child support payments that
differ from a previous child support order.
You should be aware that any agreement
to modify a court order MUST be in writing, executed by parties and
entered by the Court as an Order or
such an agreement is not binding.
If you have come to a different
agreement regarding child support, it is important that you seek
legal counsel to help properly document your agreement.
Second, child support can only be
modified prospectively.
This means
that the Court can only modify these orders from the date of the
filing of a petition.
The Court cannot retroactively modify
court orders.
That is why it is so important to seek
legal help as soon as possible after a substantial change in
circumstances.
The longer you wait to seek a
modification action, the longer it will be before a court can modify
the original order.
Finally, it is important to note
that you can only bring a modification action once every two years.
This two year period does not apply
from the date of your divorce decree, but instead from the time of
your last modification.
In other words, you could bring a
modification action within a few months of your divorce decree, but
you would have to wait two years after that modification action
before you could come back to court again.
The rules regarding how soon you can
seek a modification action can be rather confusing so we strongly
recommend seeking legal counsel in these types of situations.
If you have
questions regarding the new child support guidelines, or if you
would like to request a modification of a current child support
order, the family at
Meriwether & Tharp
can assist you. We would
also be happy to discuss any potential implications the new child
support guidelines may have on your current support obligations.
Please bring to your appointment the child support order you wish to
have modified.
You can rely on Meriwether & Tharp to
guide you through difficult divorce and family law situations. To speak
to a member of our team, you can call our office or e-mail us to
schedule an appointment to meet with someone on our family law team.
Meriwether & Tharp, LLC
11475 Great Oaks Way
Suite 125
Alpharetta, Georgia 30022
P: 678-879-9000 / F: 678-879-9001
Intake@mtlawoffice.com
Our lawyers are dedicated to providing excellent
legal services for divorce, child support and child custody issues
in the Atlanta, Georgia area, including: Acworth, Alpharetta,
Austell, Avondale Estates, Ball Ground, Buford, Canton, Chamblee,
Cherokee, Cobb, Cumming, Dacula, Decatur, DeKalb, Doraville, Duluth,
Dunwoody, Forsyth, Fulton, Gainesville, Gwinnett, Hall, Johns Creek,
Kennesaw, Lawrenceville, Lilburn, Lithonia, Marietta, Milton,
Norcross, Powder Springs, Roswell, Sandy Springs, Smyrna,
Snellville, Stone Mountain, Suwanee, and Woodstock.
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