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Grounds for modification

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What is the name of your state? GA
My husbands court order for custody was done about a year an a half ago. On the court order no child support was ordered for the mom to pay since she said she was unemployed. Now she is employed, but could be getting paid under the table. GA CSE said my husband will get a minimum of $240/ month. On the GA CSE website it says the case is in establishment. We just got something in the mail saying that we have to prove there is a substantial change in circumstance on his part, not the NCP's. Is something like that, her now being employed and able to pay, a substantial change and grounds for a modification?
 


L.Lundy

Member
I found this for you...

http://ocse.dhr.georgia.gov/DHR-OCSE/DHR-OCSE_Request_Review_of_Support_Order/Court order less than 36 months old.pdf

This says that a change in EITHER parents' earnings is not enough to merit a review 'depending on the facts surrounding each', which to my mind means that there's a chance that her going from zero income to anything at all, income wise, might merit a review. You'd just have to ask a caseworker to see if it qualifies, or an attorney familiar with child support law. Someone here may know the Georgia operations a little better than I do. I just found this by googling and hunting around a bit.

I'll tell you, the more I read in these forums and the more I find online, the more I think Georgia has to be one of the worst states in the country as far as child support policy and enforcement goes. I hope and pray that I'm able to get my case's jurisdiction moved to my state, not my ex's *which is Georgia* when I get an attorney and get it to court. I don't envy you.

Hope you get good news :)
 
Thanks a bunch!

I hope it really is grounds for a modification.

As for CSE, my husband submitted his stuff online in December, called them SEVERAL time for status. Finally in March he found out who his case worker is, did the afffdavit & some other paperwork, fees, etc. But, he has called the case worker every other week for status. She did tell him up front, she's got 15 cases she's working on and bear with her. I hope I'm not jumping the gun, but so far it's been not all too bad. Let's hope it stays that way.
This is an out of state case, too.
 

L.Lundy

Member
What's the out of state situation? If you live in Georgia, where is your husband's ex, and where was the custody/support originally determined?
 

L.Lundy

Member
That's a relief. It's always easiest if you're the one in the state that the orders originated in.

It may or may not be feasible, but if at all possible I highly recommend getting an attorney instead of relying on the state. It may be a financial sacrifice, short term, but it's well worth it if there's any chance of getting a modification because it will move a lot faster with an attorney than without one. IMHO, anyway. Everything seems to drag like molasses when dealing with state agencies. As has been stated in this forum in another thread, you get what you pay for. The state agencies are free, by and large, but... *shrugs*

I hope the modification works out for you. Best of luck :)
 
Believe me, we'd much rather use an attorney, but about a year and a half ago, we had to fork out over $5k for the custody case. Our lawyer last go around, we now realize, didn't do nearly as much as they should have done.

Right now, I guess the state will have to do.
 

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