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Child Support Modification FAQs

If The Parent With Primary Custody Is Active In The Military And Is Deployed, Is This A Valid Reason For A Request To Change The Agreement?

Georgia’s child custody statute states in part as follows: “O.C.G.A. 19-9-3(b): A military parent’s absences caused by the performance of his or her deployments, or the potential for future deployments, shall not be the sole factor considered in supporting a claim of any change in material conditions or circumstances of either party or the child; provided, however, that the court may consider evidence of the effect of a deployment in assessing a claim of any change in material conditions or circumstances of either party or the child.”

As with all other cases, the Trier of fact must look to the circumstances as a whole and decide how the parent’s deployment may or may not adversely affect the particular children at issue.

How Can Having The Child Support Modified To Be Fair If It Costs More For A Parent To See The Kids If The Ex-spouse Moved Away With Them?

Travel expenses are a factor the court can certainly take into consideration in calculating child support.

If A Father Finds Out That He’s Not The Child’s Genetic Father, Can He Stop Paying Child Support Immediately?

If you are subject to a court order to pay child support, it would not be wise to simply stop complying with a court order. A man who determines or even suspects that he is not the biological father may file an action with the court to obtain a legal declaration of the child’s parentage, thus officially relieving him of the legal obligation to pay child support. It is best to seek out experienced legal counsel in such situations.

How Much Time Must Pass Before You Can Petition For A Change To A Child Custody And/or Support Agreement After The Initial Agreement Has Been Finalized?

For custody, there is no time constraint since the standard is a material change in circumstances and such an incident could occur at any time or frequency.

A related area of visitation modification is not subject to the stiff standard of a material change of circumstances; however, a modification of visitation rights is subject to the two year rule.

Still another related area is the election of a minor aged 14 or older. A child this age has the right to select his or her choice as a custodial parent; however, such an election cannot be exercised more frequently than every two years.

For a modification of child support, any party can file the first modification action at any time; thereafter, each subsequent modification filed by the same party is subject to a two year rule. There are three exceptions to the 2 year rule limitation:

  1. A non-custodial parent has failed to exercise court-ordered visitation;
  2. A non-custodial parent has exercised a greater amount of visitation than was provided in the previous court order; or
  3. A party has suffered an involuntary loss of income.

If you have Questions About Child Support Modification, call the law offices of Stephanie Salb, P.C. for a free initial consultation at (770) 271-1843 and get the information and legal answers you’re seeking.

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