Yes, child support can be modified, but
only through court Order. Parties are legally required to pay the
court Ordered child support obligation unless and until there is a
change to the original Order.
If there has been a “substantial
change in either parent's income and financial status or the needs of
the child” a modification of child support can be submitted to the
Court.O.C.G.A. §19-6-15 (k).
Once the modification is submitted to the Court, it will go through
the same process as the original Order for child support: financial
information will be obtained, a child support worksheet will be
calculated, documents will be reviewed by the Court, then the judge
will enter a final Order on the modification.
- The paying party involuntarily loses their job or falls ill;
- Either parent receives additional income through remarriage;
- Cost of living increase;
- Physical disability on behalf of either parent;
- The needs of the child increase;
- A significant increase in the income of the paying parent; and
- A change in custody of the child; for instance, the child
moves in with the paying parent.”
“You can file for a modification of
child support at any time after the original order establishing the
support obligation has been entered. However, once child support has
been modified by the court as a result of an action filed by you, you
cannot file another action for modification for two (2) years from
the date of the final order modifying support.”
ksfamilylaw.com.
In some cases, the change in child
support can even be processed as an uncontested modification if there
are simple agreed upon financial changes. If child support is being
processed through The Georgia Division of Child Support Services
(DCSS), parties can request a review of the child support obligation
for a fee. dcss.dhs.georgia.gov.
It is recommended that you contact a local family law attorney to
discuss your child support modification concerns.