Modification of Child Support
Skilled Cobb County Family Law Office Assisting with Child Support Modifications
Since the time your divorce terms were settled, other life events may have transpired that now make it necessary to petition for a child support modification. At the law office of F. Marian Weeks, we are here to help you negotiate with your former spouse and, if necessary, seek the necessary changes in court.
Email us or call us at 770.884.6296 to schedule a free 30 minute consultation to discuss your child support modification needs with a dedicated family law lawyer.
Since 1980, we have been helping families throughout Cobb, Cherokee, and Paulding Counties with their child support modification needs. We take great pride in providing trusted guidance and aggressive representation to all of our clients.
Petitions to modify child support are restricted on how often they can be filed. However, you must demonstrate a substantial change in circumstances.
In general, child support modification can be sought under the following circumstances:
- If you are the payor and your income has decreased dramatically, we can petition the court to decrease your obligation using the child support guidelines. If successful, a court order will be issued reflecting the new monthly amount the payor owes based on the change in his or her income. This is becoming a more common situation given the current state of the economy.
- If the payor or payee (recipient of the child support funds) is now earning more, we can petition the court to either increase or decrease the obligation. Please remember, if the payee remarries, the step parent has no duty of support and their earning capacity does not affect your monthly support obligations.
- If the payor is not fulfilling their visitation requirements, you can petition for a child support modification outside of the two year limit because it can be argued that the increased time you are spending with your children costs more.
- If one of the parties is moving and the transportation costs for visitation will increase, we can seek a child support modification by calculating the actual costs of air travel, hotel and car rental as part of your support obligations that will be credited back to you.
If you and your former spouse decide mutually to modify the child support order, you should not rely on a handshake or the other party's word. In fact, it is strongly advisable to file any such modification with the court, which can be done by agreement. This can prevent costly and stressful legal battles in the event a disagreement arises at a later point.