How to Get Child Support Reduced in Georgia

In Georgia, a parent may petition a court for modification of an existing court order that requires a non-custodial parent to pay child support to a custodial parent. The non-custodial parent would seek modification of a child support order any time they experience a “substantial” change in circumstances.

This is a requirement of the law regarding the modification of child support in Georgia. This standard would apply if the result a person seeks is to pay a lower child support amount.

Of course, the child support order might be the product of a Georgia divorce or legal separation. A court may issue a child support order at the end of a paternity suit when the father of a child who is not married to the child’s mother seeks custody or visitation. Or a mother who is not married to her child’s father may ask a court to order the father to pay child support.

It does not matter whether a child support order was issued as a result of calculating child support in a divorce or a paternity suit. The law regarding the modification of child support orders is the same for all child support orders.

A person who wants to lower the amount of child support they pay must go to court and prove that one of the following changes in their circumstances justifies the modification:

• There has been a change in the financial situation of one of the parents: The change should be one that is likely to continue for the foreseeable future. The change might be the loss of a job, an increase in salary, the physical disability of a parent, or a significant increase in some cost of living expense.
• There has been a change in the child’s needs: For example, the child may have developed a disability or an illness that increases expenses associated with their care. Or, child support might be decreased if the child moves in with the parent who has been paying child support.

In Georgia, a person generally has to wait for 2 years after a child support order has been issued to seek modification of it. There are exceptions to this rule. If a person suffers the involuntary loss of their job, e.g., due to a layoff or any other type of hardship that leads to a 25% reduction in their income, they may file for an immediate modification of the child support they pay.

If a person needs to modify the amount of their child support before 2 years have passed, they want to consult a local attorney in Georgia to analyze their case. The attorney could help them figure out whether they could qualify for a change or not. The standards are technical, and an attorney would be able to help a person determine whether or not a modification is possible in their case.

What Factors Can Lower Child Support?

The most common reason for people to request a change in child support is because their income has changed. The change may be an increase or a decrease and may involve the income of either the custodial or the non-custodial parent.

When looking at a child support case in which a person seeks a decrease in the child support they pay, courts in Georgia consider various factors as follows:

• Whether a person has suffered an involuntary loss of income
• Whether the parent who pays child support has exercised their court-ordered visitation
• Whether the custodial parent has experienced a substantial increase in income
• What the current needs of the child are
• Whether 2 years has passed since the child support order was issued.

There are numerous other factors that Georgia courts consider as well when a person asks them for modification of the child support they pay. Again, a person could review these factors with their attorney before seeking modification.

What Is a “Substantial” Change?

As noted above, a 25% or greater reduction in a person’s income would probably be considered a substantial change that would justify a reduction in the child support that a person has to pay.

Generally, the kind of change that would justify a reduction in child support must be significant as opposed to minor. The change would probably also have to be one that is long-lasting as opposed to temporary. For example, if a paying parent were to suffer a disability that could be expected to last at least several months might be long-lasting enough.

A permanent change would be something such as a person suffering a severe, life-changing injury or illness that would have an impact on the type of work they are able to perform.

What Is the Legal Process for Child Support Modification?

A person may seek help by asking the Georgia Department of Human Services Division of Child Support Services to review their child support order in light of a change in their circumstances. If the support order is not due to end within 6 months of the date when a person requests the review, the Division reviews the order if asked.

Another option a person has is to hire a Georgia family law attorney to represent them in filing a petition in court to modify child support.

To obtain the help of the Division of Child Support Services with a petition, the existing child support order must not have been changed or reviewed within the past 3 years. If the person who asks for the review is able to show that there has been a large change in their financial circumstances, such as a significant change in their income, then the Division would review the order and the amount of child support that is required.

The parent seeking the review must provide the Division with the financial and other information that would justify the request for a change. The Division must then determine that there is a “substantial” change in the circumstances of the person who has requested the review. Or the Division would have to find other good legal grounds to justify changing the order. When the Division finishes its review, it notifies the parties.

If the review shows the order should be changed, the Division would begin the process of changing the order. A Division attorney handles the court action. If a court issued the support order in a different state, a court in that state may need to review and modify the order. If that is the case, the Division is able to present the request for modification to a court in the state where it was issued originally.

When Do I Need to Contact a Lawyer?

If your circumstances have changed significantly and you believe that you are entitled to reduce the amount of child support that you currently pay, you want to consult an experienced Georgia child support lawyer.

LegalMatch.com can put you in touch with a lawyer who can analyze the facts of your case and tell you whether you have a chance of modifying the child support you pay. Your lawyer can guide you through the process to success if the change in your life justifies a decrease in your payments.