When You Need To Modify Child Support

In every divorce or custody case, the court will address the issue of child support for minor children. Once the court orders a child support award, that monthly payment must be made, and only the court can change the amount. The process by which a parent petitions (requests) the court to change that support amount is called a child support modification.

At Hecht Family Law, we have extensive experience guiding clients through the process of modifying child support orders and all things child custody- or child support-related. From our office in Alpharetta, we can represent clients in communities throughout Georgia.

What Factors Can Necessitate A Modification?

Generally, a parent cannot change the child support award amount for two years, unless there is:

• A substantial change in one or both parents’ income
• A substantial change in one or both parents’ financial circumstances
• A substantial change in the child’s needs

Some examples:

• The noncustodial parent loses his or her job.
• Custody changes because the custodial parent gets cancer or another illness.

Additionally, neither parent may file a petition for modification before two years has passed since the court’s initial child support order or most recent child support order, unless:

• The noncustodial parent has not paid the ordered amount of child support.
• The noncustodial parent has exercised more visitation than what the court ordered.
• The motion to modify is based on an involuntary loss of income.

Other rules and procedures are applicable when one or both parents want to modify the child support order, and the process is complicated. An experienced family law attorney can answer your questions.

If you have further concerns, call or email a lawyer at Hecht Family Law. We can be reached by phone or email.