How Often Can Child Support Payments Be Modified?

The child support orders that were originally calculated and handed down in your case won’t necessarily apply until your children age out. There are instances when Georgia courts modify child support payments, but there are time constraints that apply. If you have questions or concerns about child support or believe that you may be entitled to a modification, it’s time to consult with an experienced Cumming, GA, child support attorney

When Georgia Courts Consider Child Support Modifications

Georgia courts generally require parents to wait at least two years from the date of their original orders or from their last modification before seeking a modification. Because child support is calculated in accordance with the children’s best interests at the time, at least two years generally must have elapsed before a change will be considered.

A Substantial Change in Circumstances

There is, however, an exception to the two-year rule. If your family has experienced a substantial change in circumstances that would directly affect the child support calculation, the court will hear you out, even if your last modification was less than two years prior. Prime examples include the following:

• Your children’s needs have changed substantially.
• There has been a significant change in your or your ex’s income.
• Your child custody arrangements have changed substantially, such as if the paying parent has taken on the primary custodial role.
• You have experienced a significant life event. This can translate to you or your ex coming down with a serious illness, inheriting a considerable amount of money, or facing any other unexpected occurrence that tips the balance in your case.

Child support modifications are considered on a case-by-case basis, and having a skilled child support lawyer in your corner helps to ensure that your rights will be well-protected throughout the process.

Child Support and Child Custody

Child support and child custody are not interchangeable in any way. In fact, both are based on your children’s best interests, which means that one can’t be weaponized against the other. For example, if your ex is not sticking to the child support orders in place, you have every right to address the matter with the court, but you do not have the authority to deprive them of visitation.

Doing so is interpreted as hurting your children twice, which reflects poorly on you and their other parent. If your ex is not abiding by the rules that were handed down by the court, this fact can bolster your modification case, but you should not attempt to resolve the matter through retaliation. 

Reach Out to an Experienced Cumming Child Support Lawyer Today

The knowledgeable Cumming child support attorneys at Banks, Stubbs & McFarland dedicate our impressive practice to helping our clients obtain advantageous child support orders that work for them and support their children’s best interests. We are on your side and here to help, so please don’t hesitate to reach out and contact us online or call us at 770-887-1209 for more information about what we can do for you today.