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Modifying Child Support in GA

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arosenth

Junior Member
What is the name of your state (GA)?

My original support urder states that child support can be modified at a two years from the original date but not sooner. If my ex gets a job that pays substancially more where there would be a significant effect on child support, am I able to modify before the two year mark or am I locked in to the original amount due to the wording on the initial order?

Thanks!
 


What is the name of your state (GA)?

My original support urder states that child support can be modified at a two years from the original date but not sooner. If my ex gets a job that pays substancially more where there would be a significant effect on child support, am I able to modify before the two year mark or am I locked in to the original amount due to the wording on the initial order?

Thanks!

http://mail.georgiacourts.org/scripts/wa.exe?A3=ind0908&L=CHILDSUPGUIDECOMM&E=base64&P=149752&B=------_%3D_NextPart_001_01CA268C.D0063455&T=application%2Foctet-stream;%20name=%2219-6-15-2009-Eff090109.pdf%22&N=19-6-15-2009-Eff090109.pdf&attachment=q

Starting on page 20 of the above link addresses modification and the requirements to request a modification if it has been less than 2 years.
 

arosenth

Junior Member
http://mail.georgiacourts.org/scripts/wa.exe?A3=ind0908&L=CHILDSUPGUIDECOMM&E=base64&P=149752&B=------_%3D_NextPart_001_01CA268C.D0063455&T=application%2Foctet-stream;%20name=%2219-6-15-2009-Eff090109.pdf%22&N=19-6-15-2009-Eff090109.pdf&attachment=q

Starting on page 20 of the above link addresses modification and the requirements to request a modification if it has been less than 2 years.
Thanks for this... I am sorry for sounding ignorant, but from what I read the most realistic answer is "no" due to the fact that there is no voluntary loss of income, and no change in visitation has occured the original order happened after 2007?

Thanks!
 
Thanks for this... I am sorry for sounding ignorant, but from what I read the most realistic answer is "no" due to the fact that there is no voluntary loss of income, and no change in visitation has occured the original order happened after 2007?

Thanks!
That is exactly how I read it as well.
 

CJane

Senior Member
Would this be the FIRST modification?

What you're reading says this; "(2) No petition to modify child support may be filed by either parent within a period of two
years from the date of the final order on a previous petition to modify by the same parent
except where:"

That means that you can't file for a modification if you've ALREADY FILED A MODIFICATION within the last two years. But you CAN file a petition to modify an order that has NOT been modified.

See here:

http://www.ksfamilylaw.com/pdf/ga-bar-georgia-child-support-guidelines.pdf

Similar to the old law, a first time modification under the new law requires that a parent show a “substantial change in either Parent’s income and financial status or the needs of the Child.” This showing must be made regardless of the length of time since the date of the establishment of the initial child support award. For a second or additional modification, under the new law a parent must wait for a period of two years from the date of the final order on a case he or she previously filed for modification before he or she may file another petition for modification of the same child support.
 
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SESmama

Member
In either case the requesting party must show proof of a change in circumstances that would trigger a full review. What OP can do is wait for the 3 year mark and request a review for free and no proof needed.

Or she can call DHS and they usually are very good at explaining when a review/modification can be done.
http://dcss.dhs.georgia.gov/
 
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