Once a Final Order and Decree of divorce has been entered in a divorce case, child support may be changed or modified by the court upon the petition of one or both parties. Most often, after the entry of a Final Order and Decree of Divorce, one or both parties seek to modify the term of child support due to either a change of custody or due to a change in the income or financial circumstances of one or both parents.
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If you are not receiving agreed to or court ordered child support, you have several options that will help you collect. If child support isn't being paid, there could be penalties varying in degree for the party that fails to pay. Similarly, the party that isn't paying, may have a few defenses for their non-payment. However, it is important to note that both parties may modify the amount of child support upward or downward after settlement or court action under certain circumstances.
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Modifications to Child Support
Change in Circumstances
In order for a parent to seek the modification of a prior child support award, he or she must allege and show that there has been a change in the income or financial status of either former spouse or in the needs of the minor child or children.
Similar to divorce actions, legal actions for the modification of child support are law suits that are generally governed by the provisions of Georgia’s Civil Practice Act. An action for the modification of child support must be initiated and tried according to the same rules of procedure that apply to divorce cases.
To begin a modification action, a Petition for Modification of Child Support must be filed. A Petition for Modification of Child Support must generally show the following in order to assert a valid claim . . .
Change of Custody or Visitation
Although child support is generally modified due to a change in the income or financial status of either of the parents, or due to a change in the needs of the minor child or children involved, child support may also be modified ancillary to a change of custody.
Modifying Out of State
Many parents face the issue of attempting to modify child support orders entered in other states. Modification of child support orders entered in other states are governed by a different section of Georgia law than actions to modify child support orders entered in Georgia. According to the relevant sections of Georgia law . . .