Practice Areas
 Modification of Child Support
Can my support payments be modified?
Child support awards can be increased or decreased by showing a change in the income and financial status of either parent or in the needs of the children. For example, if the non-custodial parent receives an increase in salary or the needs of the children dramatically increase, then it may be appropriate to increase the amount of child support. Likewise, if the non-custodial parent suffers a reduction in earnings or one of the children graduates high school, it may be appropriate to decrease the amount of child support.
Once an order for child support is first issued, child support can be modified at any time thereafter. However, once a party receives an order of modification of child support, that party cannot file another modification for two (2) years, from the date of such order, except due to an involuntary loss of income or a greater (or lesser) amount of visitation being exercised by the non-custodial parent than what is provided in the court order.
How can I determine the income of the other parent?
In order to determine the income of the parties and/or the needs of the children, lawyers utilize the “discovery process” permitted under the Georgia Civil Practice Act. Contrary to what may be portrayed on television, a trained domestic attorney does not normally ask a question in court to which he does not already know the answer. The gathering of such pertinent information is accomplished through this process called “discovery.” This can involve such things as written interrogatories or questions to the other party (which must be answered by that party under oath), the production of financial records from the other party, or from the other party’s employer, bank, or accountant (e.g., tax returns, business or corporate records, expense accounts), the taking of depositions before a court reporter, as well as other available methods of fact investigation. Each case is unique and must be handled depending upon the individual needs of the client.
Georgia’s New Child Support Guidelines
Effective January 1, 2007, the trial courts began employing Georgia’s new child support guidelines. The most significant change from the previous guidelines is that these new ones will consider both parents’ incomes in determining an initial amount of child support to be pro-rated between the parents for the benefit of the minor child(ren). This differs greatly from the previous guidelines which typically only applied a percentage range to the non-custodial parent’s income; the non-custodial parent’s income was not usually factored into the court’s decision-making process. The new guidelines also apportion, between the parents, certain expenses such as health insurance, non-covered medical expenses, and work-related child care costs. Unlike early legislative proposals, the new guidelines, themselves, do not create the catalyst or basis for a modification of a parent’s child support obligation. Rather, he/she still must show a substantial change in either parent’s income and financial status, or in the needs of the child(ren), as was required under the previous guidelines. However, as with most rules, there are some exceptions to this rule, such as the amount of visitation that the non-custodial parent is exercising and an involuntary loss of income by one of the parties.
In addition, as with the previous child support guidelines, the new guidelines allow for deviations to the presumptive amount of child support to be awarded, based upon the unique facts in each case. Some specific types of deviations from the presumptive child support award which the court may consider in adjusting child support are as follows, to-wit:
- High income: Parents are considered to be high income, if their combined gross income exceeds $30,000.00 per month;
- Low income: A parent is considered to earn a low income if he/she earns at, or less than, $1,850.00 per month;
- Other health-related insurance: This would include vision or dental insurance being provided by one of the parents;
- Life insurance: If one or both of the parents have life insurance for the benefit of the child(ren), then this cost can be considered;
- Child and dependent care tax credit: If one parent is entitled to such a tax credit, then this tax savings can be considered or pro-rated between the parties;
- Travel expenses: If there is a substantial cost involved in exercising visitation, then actual expenses incurred by the non-custodial parent may be considered;
- Alimony: Actual payments of alimony are not deducted from gross income but may be considered as a deviation from the presumptive child support award;
- Mortgage: If the non-custodial parent is paying for a house/apartment for the custodial parent and child(ren), then this cost may be considered as a deviation from the presumptive child support award;
- Extraordinary expenses: Such expenses are in excess of the average amounts estimated in the Child Support Obligation Table and are highly variable among families, but would include educational expenses, medical expenses, summer camps, and other activities intended to enhance the athletic, social, or cultural development of the child(ren); and
- Parenting time: The presumptive child support award is based on expenditures for children in an intact household but this award can be modified due to extended parenting time or when the child(ren) live with both parents equally.
These deviations are not required to be applied in each case, but can be considered by the parties or the court in arriving at a child support figure. Additionally, the new guidelines include a “non-specific deviation.” This provision permits a deviation from the presumptive award of child support for reasons not previously listed but which are in the best interests of the minor child(ren).
Please feel free to contact this office and schedule a free consultation to discuss how your child support award may be affected by the new child support guidelines.
|
|
Getting help...
This summary is not intended to be exhaustive or complete. It is only intended to acquaint a prospective client with a modification of child support action in Georgia and the manner in which this office will handle your particular divorce. We will be more than happy to answer any specific questions regarding the facts and circumstances of your particular case.
Please contact us to schedule an appointment.
It is our policy to provide you with sufficient information so that you can make informed decisions regarding your case, and to then follow that with the best possible legal representation.
Your understanding of the matters contained in this summary will help assure that commitment.
|
