Legal Question in Family Law in Georgia
Georgia's new child support law
I divorced 3 years ago and am currently paying child support determined under the old law. I understand that a modification request is required to make a change, however I learned that I can't request the change just because the law has changed (there must be a change in the financial circumstances of either parent or in the child's circumstances). I've received much more substantial pay raises than my ex over the past 3 years. Does this constitute a change in my financial circumstances? Even with the raises, I estimate a savings of $200 monthly if granted a modification.
3 Answers from Attorneys
Re: Georgia's new child support law
Since we have no specifics we can't really answer you, but here's a general observation (specific facts might change the general obeservation).
It is unlikely that an increase in pay will convince a judge to decrease support. Indeed, since Judges are not bound by the law, they could increase your support. I have thus far calculated 15 clients under the new law and compared them to numbers under the old law. In 13 out of 15 the new law resulted in a HIGHER support number using the new tables, so the new law often is a bad deal for non-custodial parents.
Re: Georgia's new child support law
In order for you as the obligor to obtain a modification, you must show either:
1. A substantial decrease in your income or financial status OR
2. A substantial increase in the other parent's income or financial status OR
3. A substantial decrease in the needs of the child or children.
Once one of those elements exists, you can ask the court to modify the support and the new guidelines would apply.
In order to calculate the support under the new guidelines, you must know your income, the other parent's income, the cost of the child(ren)'s portion of health insurance costs, and the amount of any daycare or after school costs throughout the year. There may be other deviation factors (extracurricular activities, private school expenses, etc.) that may result in an increase over the presumptive award.
I urge you to review the facts with an family law attorney to see if you are eligible for a modification and what the likely result may be. If we can be of assistance, please let us know.
Re: Georgia's new child support law
Your question is impossible to answer without performing a consultative review. Call me in the event that you are interested in pursuing this.
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