After a divorce is finalized, it is common for one or both parents to require the modification of a divorce order. The financial and personal circumstances of families and children frequently change. As situations change, divorce agreements need to reflect these changes. Georgia law allows changes to be made to:
For more information about modifications of divorce orders in Georgia, contact the Atlanta, Georgia, custody modification attorneys at our firm about your situation and we will provide you with the legal options suited to your unique set of circumstances.
In an action to modify child support, a party must establish that there has been a substantial change in income or financial status of either party since the date of the original support order. The action for modification can be to request additional child support payments or to request a decrease in child support payments. Examples of possible situations that may merit a change in child support payments include:
- Loss of income could be grounds to seek a downward modification of child support.
- A large raise by a former spouse could be grounds to request an increase in child support payments.
- Primary physical custody of the child changes to the parent paying child support.
- The remarriage of one spouse which changes his or her financial circumstances.
- A child develops a medical condition.
- Increased educational expenses of the child.
- Job relocation.
Except in very rare circumstances, only a court order can change the amount of child support payments that a party is legally obligated to pay. An agreement between the parents is not sufficient to decrease the amount of child support payments. Similarly, if parents agree to an increase in child support payments, there is no legal recourse to enforce this increase beyond what was ordered by the court. Child support payments are considered the right of the child, not the custodial parent.
Each parent has the right to bring an action for modification of child support once every two years. The filing of a modification action by one parent does not affect when the other parent can bring a modification action.
Call toll free at 678-736-7700 to make an appointment with one of Vayman & Teitelbaum, P.C.’s, Atlanta support modification lawyers.