Legal Question in Family Law in Georgia

How can I file a modification to my child support order to receive a co-habitation credit to reduce the amount owed?


Asked on 3/06/13, 11:02 am

4 Answers from Attorneys

Harold Holcombe Harold D. Holcombe, P.C.

I don't know what a co-habitation credit is; sounds like a tax question. You say child support order, so I'm not sure if you were married or not. For divorced people, to lower your child support through a modification there has to be a change in circumstances, usually economic, in which the payor's income has been reduced or stayed the same since the divorce and the receiving parents income has risen or stayed the same. You need to be careful because if there's past due support, changes in day care, or changes in medical insurance you could open a can of worms that would make things worse financially for you. I can't tell you in a short answer how to file the modification, as there are issues like jurisdiction, venue, legal procedures, local rules, etc, that lawyers get paid to deal with on a day to day basis. Theres a lot of steps and issues that might have to be addressed.

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Answered on 3/06/13, 11:15 am
Tahira Piraino Tahira P. Piraino

Normally a reduction for co-habitation is in relation to alimony, not child support. Don't know if you mean the custodial parent is now residing with someone and there should be an adjustment? Even if one of the parents marry, the new spouse's income is not a consideration for modifying child support. Your question is difficult to answer without without more information and reviewing the existing child support order. I have seen pro se parties file modifications thinking they would get a reduction and ending up with an increase. I suggest you schedule time to meet with a family law attorney for a consult prior to moving forward with any type of modification.

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Answered on 3/06/13, 2:11 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

There is no such thing as a cohabitation credit for child support. It would be a very good idea for you to get counsel rather than filing for something that does not exist; you might well end up paying more rather than less because of a filing when you represent yourself.

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Answered on 3/06/13, 2:48 pm
Paula McGill Attorney at Law

When I first read the question, I assumed you now live with the other parent. If that is the case, you may be able to modify child support. However, don't use the term cohabitation credit. It is just a material change in circumstances. Both of you should be able to file a consent modification of child support.

In any event, regardless of the facts in your case, you should consult with local counsel to determine if you are entitled to a change in child support.

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Answered on 3/09/13, 11:00 am


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