Modifications of Child Support
Oftentimes, final court orders are not final. They may be adjusted and changed as circumstances changes.
For Downward Modifications:
An involuntary loss of income may be a basis for lowering your child support obligation. You must establish that there has been a substantial change in income or financial status of either party. Once this requirement is met, your obligation to pay child support is reconsidered under the new child support guidelines, which include the incomes of both parents.
For Upward Modifications:
If you are the custodial parent, there may be circumstances that warrant an increase in child support. A significant increase in the obligor's income may be a basis for increasing the child support.
Modification of Custody | Visitation
Q: How can custody and visitation orders be changed?
A: After a final decree of divorce or other order establishing custody and/or visitation is filed with a court, it is not always a final order. If a parent wants to change an existing, the parent wanting a change may file a motion requesting the court modify it. Usually, courts will modify an existing order only if the parent asking for the change can show a "substantial change in circumstances" that affects the welfare of a child.
Q: What qualifies as a substantial change in circumstances?
A: This is not exhaustive, but these are some examples:
• Geographic move. If a custodial parent intends to make a significant geographic move, it may constitute a changed circumstance that would cause a court to modify a custody or visitation order. In that situation some courts switch custody from one parent to the other, although the increasingly common approach is to ask the parents to work out a plan under which both parents may continue to have significant contact with their children. The Court will carefully examine the best interests of the child and make a decision about which parent should have custody.
• Change in lifestyle. A parent can obtain a change in a custody or visitation orders if substantial changes in the other parent's lifestyle threaten or harm the child. For example, if a custodial parent begins working at night and leaving a nine-year-old child alone, the other parent may request a change in custody. Similarly, if a noncustodial parent begins drinking heavily or taking drugs, the custodial parent may file a request for modification of the visitation order (asking, for example, that visits occur when the parent is sober, or in the presence of another adult). What constitutes a lifestyle sufficiently detrimental to warrant a change in custody or visitation rights varies tremendously depending on the county and the particular judge deciding the case.
• Change in Child's desires. At a certain age, a mature child can have some input in deciding with which parent he or she will live.
404.841.0155
Call us today or send us an e-mail to set up your one-hour, private consultation or fill out a free case evaluation form.
For your convenience, we accept Visa, MasterCard and American Express.
We serve clients throughout the Greater Atlanta, Georgia, area through offices in Gwinnett, Cobb and Fulton County. We also practice in Forsyth, Clayton, Rockdale and Dekalb.
