Understanding Child Support & Custody Modification in Georgia
Child Custody Modification & Child Visitation Modification
A modification is a separate action from the original child custody order. Georgia also allows for modifications of child custody or visitation orders. When the court grants an initial custody or visitation order, they use statutory guidelines to determine what is in the child’s(ren’s) best interest. If the other parent simply refuses to follow the current order, the remedy is contempt, not modification. If the trial court got the law wrong, custody orders carry a direct right of appeal in Georgia.
Under O.C.G.A. 19-6-15(k), you generally cannot file to modify within two years of the last child support order. There are three exceptions: the noncustodial parent has not exercised court ordered visitation, the noncustodial parent has exercised more visitation than the order allows, or the motion is based on an involuntary loss of income.
When you seek to change the custodial arrangement of the children and the other party is not going to consent, the legal threshold is significant, and there must be clear evidence that circumstances warrant this change. This fact is especially true if you seek to bring a third-party custodial action. Georgia allows for a modification of custody action by relatives when parents are determined unfit to continue custody of the children. We highly recommend that you seek the advice of counsel in these situations. When you believe your child, grandchild, or a child you are close with needs to be in your custodial care, seek an attorney.
These matters tend to be very complicated and will involve the presentation of significant evidence, third-party experts, the use of a guardian ad litem, and so much more, depending on your case.
Georgia also permits modification of visitation orders. The threshold of proof is not as demanding as that needed for a custody modification, and the court will look at the children’s best interest. An action for a modification of visitation usually involves a relocation of one of the parents that makes visitation difficult or impossible, or a denial of visitation rights by the custodial parent.
The courts understand that circumstances change in any family, especially those navigating separation and divorce. The original order often is not the best.
O.C.G.A. 19-6-15(j) defines it as involuntary termination, an extended involuntary loss of average weekly hours, an organized strike, a loss of health, incarceration, or similar involuntary adversity that produces a loss of income of 25 percent or more. Leaving a job without good cause does not qualify.
File a petition for modification immediately. The obligation does not pause on its own, and arrears keep building while you wait. When the loss is involuntary and meets the 25 percent threshold, the portion of support attributable to the lost income stops accruing from the date the other parent is served, which is why the filing date matters so much.
A child who is 14 or older may select the parent they want to live with, and that election is presumptive but not absolute. The judge can override it if the chosen parent is not in the child’s best interests. Children ages 11 through 14 may state a preference, which the court considers but is not bound by.
Yes. Georgia allows a third party custody action by close relatives, but the burden is high. The relative must show that leaving the child with the parent would cause harm, not just that the relative could offer more.
Child Support Modification
Georgia allows for child support modification every two years or when there are substantial changes in circumstances. Each parent’s gross income determines Georgia child support with subtractions for proven contributions. Unmarried fathers must complete legitimation before they can ask for custody or parenting time.
Georgia uses an income shares worksheet set by statute. Both parents’ gross incomes are combined to find a basic support obligation, then that amount is divided in proportion to each parent’s share of the combined income. Health insurance, work related child care, and other deviations are added on top and allocated the same way.
It is essential to hire an attorney to file for Georgia child support modification if there is a change in these numbers or circumstances.
When the circumstances that initially determined the amount of child support change, the party affected should modify their child support obligation. The most common reason for the difference is losing a job or a substantial decrease in income.
When you are under a court-ordered child support obligation, and you lose your job, file for a child support modification immediately. Your responsibility does not go away, and the amount owed will accumulate if you cannot make the court-ordered payments.
You need a material change in circumstances affecting the child since the last order. Common examples include substance abuse, neglect, a relocation that breaks the parenting schedule, or a serious change in a parent’s living situation. The court decides on the best interests of the child.
If the dependent parties’ income substantially increases or issues involved in deviations, such as daycare expenses, are no longer relevant, seek a child custody modification immediately.
Many people neglect to change their child support obligation when faced with substantial changes and find themselves in contempt situations. Remember that you are entitled to modify your child support obligation. If circumstances have changed substantially, do not think you have to live with the original agreement; change is possible with the help of counsel.
Generally yes. The threshold of proof for a visitation modification is lower than for a change of legal or physical custody, and the court looks to the child’s best interests. Relocation by one parent and repeated denial of parenting time are the most common triggers.
Hire a Georgia Custody Attorney
Seeking custody or child support modifications is often complex. The best thing you can do for your case is to hire an experienced attorney. Attorney Sean Whitworth has been defending and representing local Atlanta and Marietta, Georgia families for over 15 years. Our Marietta-based law firm understands the ins and outs of family law. Modifications are quoted on a flat fee basis.
