Generally, in an action for the modification of child support, the court may award attorney's fees, costs, and expenses of litigation to the parent who wins called the "prevailing party" , regardless of who files the case, as the interests of justice require.
Whether to award such fees is within the court's discretion, unless a custodial parent files to increase child support based on the other parent's failure to exercise visitation rights. If the custodial parent wins in this type of case, the statute says that the court "shall" award fees. Until the court modifies the original order on child support, your ex-spouse is not under any obligation to pay the increased amount.
If he or she fails to pay the support he agreed to, you would have no remedy under the original order to enforce your right to payment. Any modification of child support , upward or downward, is effective as of the date of the order establishing the modification. The only exception is when a parent files to modify child support based on an involuntary job loss or other loss of income.
In that case, the portion of child support attributable to the lost income will stop accruing as of the date the parent files to modify child support. Only a court can modify your child support obligation. While a Court would likely reduce your obligation when a child graduates, you must ask the Court to lower the obligation. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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Child Custody Child Support. Alimony Divorce and Property. Market Your Law Firm. Lawyer Directory. Call us at 1 Modification of Child Support in Georgia. Frequently asked questions about modifying and terminating child support orders in Georgia. Will the court reduce my child support obligation if I lose my job? Will the court increase my ex's child support obligation because he got a big raise? If my girlfriend and I get married, can my ex-wife seek an increase in child support based on my new wife's income?
What factors does the court consider when determining whether to increase or decrease a parent's child support obligation? A parent must wait for two years after making a previous request to modify child support to ask for a subsequent modification, unless: the request for modification is based on the parent's involuntary loss of income the noncustodial parent has failed to exercise court-ordered visitation , or the noncustodial parent has exercised substantially more visitation than the court ordered.
Can I stop paying child support if the child comes to live with me? How often can I file to reduce or increase a child support obligation? If I file an action to decrease my child support obligation, can my ex-spouse be ordered to pay my attorney's fees? Do I have to file for modification if my ex and I have agreed that he will pay more child support?
If I file an action tomorrow to increase my ex-spouse's child support obligation, will the increase be retroactive to the date I filed the case?
Can I reduce my child support payment when the oldest child graduates without filing a case? For example, a party is paying child support for three children. Unless the child support order specifically provides for a change in child support as older children reach the age of 18, the party paying child support will continue to pay child support for all three children unless and until the child support is modified.
Even if the parties reach an agreement between themselves, the order still must be formally modified through the court. The child support order is the only amount of child support that is enforceable through the court. As such, any agreement between the parties pertaining to child support that is not reflected in a formal court order will not be acknowledged by the court.
Regardless of the reason, modifying child support must be done through a formal court proceeding. Otherwise, the paying party runs the risk of being held in contempt for not paying child support in accordance with the court order. If you are contemplating filing for a modification of child support in Georgia, the first step is to gather your documents and other information.
This includes, but is not limited to, the current child support order, proof of income, proof of payment of expenses for the children such as health insurance premiums and work-related childcare, additional expenses for the children such as private school tuition and other extraordinary expenses. The second step would be to speak to and hire a Georgia divorce attorney. A Georgia divorce lawyer will be able to evaluate your position, discuss your options for moving forward with the modification and navigate the litigation process.
The law can be complex. It is important to have an attorney who can interpret the law and guide you accordingly. You want to make sure that your child support is calculated correctly and that all factors are taken into consideration in determining child support. After hiring your attorney, the third step would be to draft the petition to formally begin the process.
Once the attorney drafts and files the petition, arrangements will be made to have the other party formally served with the petition.
Service of the petition on the other party officially begins the modification process.
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