How to reduce child support payments in georgia
How to Modify Child Support in Georgia
Georgia law provides for certain circumstances under which a party may petition the court to modify his/her child support obligation. The most common basis for a child support modification is a change in the financial circumstances of the parties and/or the needs of the children.
However, a party may also request a child support modification based on a change in the custodial arrangement, a child reaching the age of majority or in circumstances where a party is exercising more or less visitation than what is outlined in the Parenting Plan. A child support modification may be modified upwards or downwards depending on the situation of the parties and reason(s) for the requested modification.
Filing for a child support modification in GeorgiaIt is important to act as soon as possible when petitioning the court for a modification of child support in Georgia. Under most scenarios, child support is not retroactively modified. This means that the party paying child support must continue to pay the child support amount in the current court order until a new order has been entered. If a party has involuntarily lost his/her job, then the new child support amount may be retroactively applied to the date that the other party is served with the petition.
The court has the discretion to phase in the new child support amount over the course of up to one year if the child support modification is going to change significantly. However, the longer that the current court order is in place without a petition being filed, the longer the paying party will be obligated to pay the current amount.
Child support is not automatically changed based on a change of circumstances. 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.
Accordingly, it is important to begin the modification process at the earliest time to avoid paying the incorrect amount of child support as there are no refunds for overpayment of child support. In this example, if the paying party waits until the oldest child ages out to file the modification of child support, he/she will continue to pay the child support amount for three children until the new child support order has been issued, which could be months later.
File for a modification through the courtsEven 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. If you have any proof or information related to the other party’s income, that would also be helpful.
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. From there, the attorney will guide you through discovery, mediation and/or trial, if necessary.
Modification and Termination of Child Support in Georgia
When you divorce in Georgia, the court determines whether either parent owes child support – and if so, how much. Once the court orders child support, that order can be changed only if one of the parents asks the court to modify the original order.
This article explains the rules for modification of child support in Georgia. For more information on Georgia family law, see our Georgia Divorce and Family Law page.
For more information on supporting children after divorce, see our article on Georgia child support.
If you lose your job, Georgia law gives you the right to immediately file a petition to modify your child support obligation. Although parents generally have to wait at least two years after filing for a previous modification of child support to file a new request, a parent who loses a job involuntarily, or suffers another hardship that results in a loss of at least 25% of that parent's income, may file for modification of child support right away, regardless of whether two years have passed.
The out-of-work parent gets another advantage, too. The unemployed parent's child support obligation will stop accruing at the original rate once the request for modification is served on the other parent. The portion of the paying parent's child support obligation attributable to the lost income will not accrue (meaning that debt will not continue to pile up) as soon as the other parent is served.
It depends on the facts, including the size of the raise. Generally, in an action to modify child support, a parent must establish that there has been a substantial change in the income and financial status of either parent, or in the financial needs of the child, since the date of the original support order. If this threshold requirement is met, your ex's obligation to pay child support will be reconsidered under the appropriate child support guidelines. See Ga. Code Ann. § 19-6-15 (2019).
If my girlfriend and I get married, can my ex-wife seek an increase in child support based on my new wife's income?It depends on the situation. Generally, in an action to modify child support, a parent must establish that there has been a substantial change in income and financial status of either parent (or in the financial needs of the child), since the date of the original support order.
If your ex-wife can prove that your remarriage resulted in a substantial improvement in your financial status and an increase in the amount of income you now have available for child support, there is a possibility that your child support obligation could be increased.
On the other hand, your remarriage may result in a downward change in your financial situation, if you have increased financial responsibility for your wife, her children, or other dependents. Therefore, the impact of your remarriage on child support depends on the specific details of your case.
What factors does the court consider when determining whether to increase or decrease a parent's child support obligation?In an action to modify a child support order, either upward or downward, a parent must prove that there has been a substantial change in either parent's income and financial status, or in the child's financial needs, since the original child support order was entered. 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.
Once this threshold requirement is met, your obligation to pay child support is reconsidered under the child support guidelines, based on each parent's income and time spent with the child.
Can I stop paying child support if the child comes to live with me?Technically, until your child support obligation is legally terminated by court order, you are required to continue paying support to the other parent. However, in this situation, it's quite likely that the court will terminate your child support obligation once you make the appropriate motion for a modification.
How often can I file to reduce or increase a child support obligation?You can file any time after the original child support order is entered, as long as there has been a substantial change in the financial status and income of either parent, or a change in the financial needs of the child. Once you file a motion to modify child support, however, you cannot file for modification again until two years have passed, unless an exception applies.
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.
Do I have to file for modification if my ex and I have agreed that he will pay more child support?Yes. 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.
No. 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.
Can I reduce my child support payment when the oldest child graduates without filing a case?No. 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.
how to dissolve a marriage concluded in Georgia? Woman citizen of Russia
How to dissolve a marriage concluded in Georgia? The woman is a citizen of Russia, the man is a citizen of Georgia.
And can such a marriage be declared invalid? Can a woman file for child support in this situation?
, Natalia, Stavropol
marriage in Russia with a citizen of Georgia
Irina Chuprina
Lawyer, Tomsk
Hello.
Your marriage is legally recognized in Russia.
In order to terminate it, you need to apply to the court at your place of residence with an application for divorce.
Reason:
Clause 4 of Art. 29 of the Code of Civil Procedure of the Russian Federation - claims for divorce can also be brought to the court at the place of residence of the plaintiff in cases where there is a minor with him or, for health reasons, the departure of the plaintiff to the place of residence of the defendant seems difficult for him.
Courts in the Russian Federation may also consider cases involving foreign persons if:
p.p. 3 p. 3 art. 402 Code of Civil Procedure of the Russian Federation - in the case of the recovery of alimony and the establishment of paternity, the plaintiff has a place of residence in the Russian Federation;
p.
p. 8 p. 3 art. 402 Code of Civil Procedure of the Russian Federation - in the case of divorce, the plaintiff has a place of residence in the Russian Federation or at least one of the spouses is a Russian citizen.
Good luck!
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FAMILY LAW. CHILDREN. • JUST Advisors
- This entry was published on: 30.07.2021
- Category entry Children / Family law
Children are the flowers of life, which the law protects no less carefully than other citizens of Georgia. Below we answer the most popular questions:
- When leaving a minor citizen of Georgia abroad, it is desirable to have the written consent of the second parent. It is not required by law, but issues may arise in practice.
- The law of blood operates in Georgia. Only a child, one of whose parents is a citizen of Georgia, acquires citizenship of Georgia by birth.
- Does a child have the right to live in Georgia without a residence permit, if the parents have a residence permit - yes, within the period of visa-free stay (for citizens of Russia, Ukraine - 1 year). If the parents have a residence permit, the child can obtain a residence permit through family reunification.
- In a divorce, you can apply to the court for alimony. At the same time, you can file a petition for securing a claim and seize property that belongs to the other parent. The amount of alimony is determined by the court. At the same time, it should be remembered that the case is within the jurisdiction of the Georgian court if at least one spouse is a citizen of Georgia (or was such at the time of marriage) or the defendant permanently resides in Georgia.
- Evasion of the payment of alimony - a direct path to the register of debtors. If there is a decision on the recovery of alimony, we advise you to contact the bailiff service.
They will initiate enforcement proceedings and begin a search for property. Within the framework of such proceedings, it is also possible to apply for restriction of the debtor's travel outside of Georgia. You can also file a complaint with the police for evading child support.
In addition to the payment of alimony, there is the concept of legal independence from the decisions of the other parent. It can be achieved in three ways:
- Sign a notarial agreement on the procedure for raising a child. In it, determine that the child lives with one of the parents and until the child reaches the age of majority, all decisions regarding the upbringing of such a parent are made independently. The second parent gives consent to the child's departure abroad, to the choice of an educational institution, the scope of medical intervention, etc.
- Limit the rights and obligations of the second parent in court and deprive such parent of one or more parental rights.
