Child support is an important consideration when parents divorce or begin living separately. Child support can help balance out a significant discrepancy in earning potential between the spouses. It can also help make an imbalanced allocation of parenting time less financially stressful for the parent with more time.
The factors that influence child support include the overall breakdown of parenting time, the income of both parents, the number of children, childcare costs and special needs that may require additional support. Once the courts approve a child support order, there is an expectation that the parent subject to the order should consistently make their payments.
Occasionally, family circumstances may change, leading to questions about a current child support order. When is it possible to change a child support order, and what does that process involve?
Modifications require a significant change
The courts can adjust the child support order after a significant change in circumstances. Frequently, that change involves the parent paying support. The loss of a job, major medical challenges and other forms of hardship might prevent a parent from paying their support in full and on time. The courts typically review job losses and reductions in income to validate that the change is not a case of intentional unemployment or underemployment to manipulate support obligations.
Occasionally, the parent receiving support can also request a modification. Financial hardship, possibly due to an increase in the support needs of the children or the loss of a job, could warrant a modification request. The parent receiving support could also show the courts that the other parent does not consistently utilize their parenting time. A significant difference in the breakdown of allocated parenting time could also justify a modification to an existing support order.
The custody modification process typically starts with a request to review the support order. If the Georgia Department of Human Services’ Division of Child Support Services determines that circumstances have changed enough to warrant a modification, then they can provide information to the courts. For many people, this process is stressful and confusing. Parents often benefit from partnering with a family law attorney who can help them request a child support modification.
Knowing and following the appropriate procedure can be beneficial both for the parent paying support and the parent receiving support. Child support modifications require patience, appropriate paperwork and documentation. People hoping to adjust their support orders may need help navigating the process, and that’s okay.