The divorce attorneys and family lawyers of Coleman Legal Group, LLC have extensive experience in Georgia child support modification cases.
If you are facing a child support modification case, this is not a time to gamble away one of the most crucial times of your life with inexperienced and untested attorneys.
Call us now at 770-609-1247 to speak with an experienced Georgia child support modification attorney.
A child support modification is necessary in any event in which either parent determines that there is a significant change of circumstance that would reduce or increase the amount of child support owed by the supporting parent.
Circumstance that may lead to a decrease or increase of child support respectively may include: an un-willful loss of employment, a monetary raise, additional means of monetary gain, remarriage, failure of a noncustodial parent to exercise visitation, or when a noncustodial parent is providing additional support / exercising more visitation time than is required under court order. Generally a modification for child support may only be made every two years following the date of the last child support modification. However, in situations of un-willful employment loss an individual may file for modification before the two year period as long as the employment loss or demotion has attributed for at least a 25% decrease of their gross monthly income. Any instance in which the parent has a loss of employment through termination or in which the noncustodial parent has exercised more or less parenting time than required can be a legitimate reason for a modification of child support prior to the standard two year waiting period.
Events that may lead to a change of circumstance that would promote an increase of child support under a child support modification order would be anything that may increase a noncustodial parent’s ability to provide additional monetary support. Examples of an increased ability to provide financial support could include significant increases in pay, promotion, substantial amounts of bonus/ commission, winning the lottery, etc. Marriages that may result in a decrease of expenses and a substantial increase of financial wealth may also be considered when determining a particular individual’s ability to provide an increased amount of child support. Decreases of the amount of child support likewise follow any circumstance that may lead to a noncustodial parents decreasing gross income and inability to make the same amount of support that was previously required. Additional factors that may alter the amount of child support owed is the ability of the custodial parent to seek employment and or a significant change of financial status of the custodial parent- which could either require an increase or decrease of support depending on employment ability and gross income.
Any change to the order of support and or amount cannot be mandated without a modification court order for child support. Circumstances that may also change whether or not a modification may be granted is if the child decides to live with the parent required to pay support or if the child may require additional financial support due to physical, mental, or health related conditions. Even in situations that the parties may agree to waive the child support or alter the amount payable a modification order must be finalized as any alteration of the original order without modification can result in a contempt of court. In filing for a modification of child support each party will be required to file a domestic relations financial affidavit to aid in the determination of adequate supported owed by the responsible party.
Lastly, attorney’s fees may be ordered in any modification hearing dealing with the modification of child support. Cost and expenses attributed to the litigation/ modification may be awarded under the courts discretion generally to the prevailing party in the court case. The award of attorney’s fees is not necessarily applicable only to the filing party or plaintiff but may be provided to the party that demonstrates the necessity for the modification to be granted. Instances that may alter the award of attorney’s fees in child support modifications are generally cases that may be filed to increase financial obligations in light of a parent failing to exercise the visitation required under court order- in these cases Georgia statutes indicate that the court is mandated to provide an award of attorney fees.
Georgia Areas We Serve
Our Georgia lawyers and attorneys handle cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Duluth, Johns Creek, Milton, Cumming, Marietta, Woodstock, Kennesaw, Gainesville, Midtown Atlanta, Norcross, Lawrenceville, Kennesaw, Duluth, Buckhead, Dunwoody, Vinings, Smyrna, Buford, Inman Park, Old Fourth Ward, Decatur, Grant Park, East Atlanta and the Virginia Highlands.
Our Georgia lawyers and attorneys frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette and Clayton.
Coleman Legal Group, LLC’s Georgia lawyers practice in the areas of Divorce, Family Law, Estates, Wills, Trusts, Probate, Bankruptcy, Business Law and Immigration. We have offices conveniently located at:
| Alpharetta Georgia North Point Park 5755 North Point Parkway Suite 51 Alpharetta, GA 30022 Phone: 770-609-1247 | Map |
Atlanta Georgia |
| Dunwoody Sandy Springs 1200 Abernathy Road Building 600 Northpark Town Center Atlanta, GA 30328 Phone: 770-609-1247 | Map |
Cumming Georgia |
| Johns Creek Duluth Georgia 11555 Medlock Bridge Rd Suite 100 Johns Creek, GA 30097 Phone: 770-609-1247 | Map |
Duluth Georgia |
| Kennesaw Georgia TownPark Center 125 TownPark Drive Suite 300 Kennesaw, GA 30144 Phone: 770-609-1247 | Map |
Lawrenceville |
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