Sometimes life comes at you fast and unexpected circumstances beyond your control can lead to a parent seeking an upward or downward modification of child support. 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 modification can be requested two years after the current child support. However, there are limited circumstances that allow for a modification prior to the standard two-year provision if there have been:

• involuntary loss of income, 
• substantial changes to the needs of the child, or 
• the noncustodial parent has failed to exercise court-ordered visitation, or

Once this threshold requirement is met, your obligation to pay child support could be  reconsidered under the statutory child support guidelines which takes into consideration each parent’s income and any other deviations allowed. 

Georgia Statute O.C.G.A. § 19-6-15 provides that a judge or jury can deviate from the amount of child support calculated on the Child Support Worksheet based on different situations.  Reasons for a deviation from the Georgia child support law include the following:

• High or low income
• Other health-related insurance
• Life insurance
• Child and dependent care tax credit
• Travel expenses
• Alimony
• Mortgage payments
• Permanency plan or foster care
• Extraordinary expenses
• Parenting time
• Other nonspecific deviations

Allow The Law Offices of Erica Wilson to assist you with your request to modify a current child support order. Call us today 404-883-2400.