Whether you are the parent paying child support or the parent receiving support, you know the impact these payments have on your living situation. When that situation changes, it may be time to modify child support obligations to match.
However, that modification will not happen automatically. Instead, you will need to demonstrate why a change is appropriate according to the Georgia guidelines. An experienced child support modification lawyer at Tessie D. Edwards & Associates can help you collect the evidence you need and present that evidence persuasively to show the court why support amounts should be reduced or increased.
Showing a Sufficient Change of Financial Status or Need
Child support amounts are calculated based on a consideration of numerous factors. To justify making a change in a support order, the parent requesting the change must show that one or more key factors have changed. The changes could involve either the supply side of the support arrangement or the need side of the equation.
For instance, a child support lawyer might show that a parent’s income decreased or increased substantially. Or an attorney might demonstrate that a child’s needs have increased to the point where the situation demands additional support.
Factors a Court May Consider When Determining Whether to Modify Child Support
One of the first factors the court will consider is whether the order has been modified in the past and if so, how much time has passed since the last modification. If it has been less than two years since the most recent modification, then the support order will not be reconsidered unless:
- The noncustodial parent has neglected to exercise their court-ordered visitation
- The noncustodial parent has exercised more visitation that provided in the order
- The parent paying support suffers an involuntary loss of income (such as losing a job) that amounts to 25 percent of their income
- Significant increase or decrease in income
To justify a change in the amount of support, the court will consider not only a change in income but how that change impacts a parent’s ability to provide support. The court will also examine whether a parent’s decrease in income is voluntary, such as if they requested an employment schedule with fewer hours.
Work with an Experienced Child Support Modification Attorney in Atlanta
To succeed with a petition to modify child support, you need to understand the information that the court finds persuasive and know how to present evidence to make a solid legal claim to support your request. The easiest way to accomplish these tasks is to work with an experienced child modification lawyer.
At Tessie D. Edwards & Associates, we know how to help parents achieve their goals. Contact us now to find out how we could assist in your case.