When Is Child Support Modified?
Child Support may
be modified when there has been a change in the income or financial status of
either parent OR if there has been a change in the needs of the minor child.
Once this change has been proven, the Court must calculate a new Child Support Obligation using Georgia's Online Child Support Calculator. Georgia law requires that each parent is only allowed to Petition for a Modification of Child Support two years from the date of a Final Order on a previous Modification action.
How Is Child Support Calculated?
To calculate Child Support,
Georgia uses the Georgia Online Child Support Calculator (sometimes called the Child
Support Worksheet). Once each Parent's gross monthly income and the number of
children in need of support is submitted, the Child Support Calculator will
produce a presumptive Child Support Obligation.
The Child Support
Obligation calculated by the Online Child Support Calculator may increase or
decrease according to Adjustments
and/or Deviations. The Court is required to adjust Child Support for any Work Related
Child Care costs and the cost of Health Insurance Premiums. In addition, the Court
MAY Deviate from the Basic Child Support Obligation to account for parenting
time, high/low income, travel expenses, extracurricular activities, private
school, life insurance for the benefit of the child(ren), or other expenses
related to the rearing of the child(ren).
Does Child Support Increase If I Get a Raise?
No. Child support does not automatically change when a parent's income changes. Child support which has been ordered by the Court will remain the same until another Temporary or Final Order is in place. In order to legally change a parent's Child Support Obligation, a parent must Petition the Court for a Modification of Child Support .
The parents may use
the Georgia Online Child Support Calculator to come to a mutual agreement outside of court to
alter the amount paid in Child Support, but this informal agreement may
not legally alter the parent's Child Support Obligation. In order to change the Child Support a parent is legally obligated to pay, a parent would need to file a Petition to Modify
Child Support in the county where the child resides.
If the Child
Support you receive isn't enough or if you can't afford to pay your Child Support
Obligation, contact us today for a free telephone conversation with a family
law attorney to discuss your options for Modifying Child Support.
Written by: Rebekah
Ann James