Legal Definition

[topsidder]

What is the name of your state? GA

What is the legal definition of “change in material circumstances?”

How is it qualified? Can it be qualified? How is defended? How do you prosecute a case based on it?

Thank you

 

[brisgirl825]

You're really going to have to be specific. There are many things that qualify and many that don't.

 

[topsidder]

(e) The duty to provide support for a minor child shall continue
until the child reaches the age of majority, dies, marries, or
becomes emancipated, whichever first occurs; provided, however,
that, in any temporary or final order for child support with respect
to any proceeding for divorce, separate maintenance, legitimacy, or
paternity entered on or after July 1, 1992, the trier of fact, in
the exercise of sound discretion, may direct either or both parents
to provide financial assistance to a child who has not previously
married or become emancipated, who is enrolled in and attending a
secondary school, and who has attained the age of majority before
completing his or her secondary school education, provided that such
financial assistance shall not be required after a child attains 20
years of age. The provisions for support provided in this
subsection may be enforced by either parent or the child for whose
benefit the support is ordered.

(f) The provisions of subsection (e) of this Code section shall be
applicable only to a temporary order or final decree for divorce,
separate maintenance, legitimation, or paternity entered on or after
July 1, 1992, and the same shall be applicable to an action for
modification of a decree entered in such an action entered on or
after July 1, 1992, only upon a showing of a significant change of
material circumstances.

So, what does subsection (f) mean if the modification is filed after 7-1-92? How is significant change of material circumstances "proved?"

 

[brisgirl825]

(e) The duty to provide support for a minor child shall continue
until the child reaches the age of majority, dies, marries, or
becomes emancipated, whichever first occurs; provided, however,
that, in any temporary or final order for child support with respect
to any proceeding for divorce, separate maintenance, legitimacy, or
paternity entered on or after July 1, 1992, the trier of fact, in
the exercise of sound discretion, may direct either or both parents
to provide financial assistance to a child who has not previously
married or become emancipated, who is enrolled in and attending a
secondary school, and who has attained the age of majority before
completing his or her secondary school education, provided that such
financial assistance shall not be required after a child attains 20
years of age. The provisions for support provided in this
subsection may be enforced by either parent or the child for whose
benefit the support is ordered.

(f) The provisions of subsection (e) of this Code section shall be
applicable only to a temporary order or final decree for divorce,
separate maintenance, legitimation, or paternity entered on or after
July 1, 1992, and the same shall be applicable to an action for
modification of a decree entered in such an action entered on or
after July 1, 1992, only upon a showing of a significant change of
material circumstances.

So, what does subsection (f) mean if the modification is filed after 7-1-92? How is significant change of material circumstances "proved?"

Ok, are you wanting to ask for CS to continue until the child graduates?

If so, the proof will simply be showing that the child will be enrolled in school after his/her 18th Bday.

 

[topsidder]

ok, what if I only knew this after the child reached 17 - meaning that the child was told at 17.5 she will be in school for another year? Is it to late to modify the original order (filed in 1990) to reflect the new law?

 

[brisgirl825]

ok, what if I only knew this after the child reached 17 - meaning that the child was told at 17.5 she will be in school for another year? Is it to late to modify the original order (filed in 1990) to reflect the new law?

No, it's not to late to petition for a mod. You need to do it asap though as it can take awhile to get into court.