Modification of Child Support in Georgia

If you have a Georgia child support order, you may be wondering if you can change the amount you're paying or receiving. The answer to that question will depend on the changes in your finances or your child's needs, as well as how long it's been since the effective date of your existing order.

Georgia's Requirements for Modifying Child Support

Either parent may request a modification of a child support order in Georgia. In general, you'll need to prove there's been a substantial change in the child's needs or either parent's "income and financial status."

Some examples of changed circumstances that might warrant a modification include:

• changes in the parents' child custody arrangements
• additional medical or educational expenses because of changes in a child's medical condition or special needs
• a parent's responsibility for supporting additional children from a new marriage, and
• a significant increase or reduction in either parent's income.

But you probably won't qualify for a modification based on a voluntary reduction in income unless you have a good reason—such as when you've stopped working outside the home to care for your seriously ill or disabled child.

(Ga. Code § 19-6-15(k)(1) (2024).)

Additional Requirements for Repeated Modification Requests

If you previously requested a modification, you may not seek modification within two years of the final decision on that request unless:

• you've experienced an involuntary loss of income, or
• the noncustodial parent has failed to exercise the parenting time in your child custody order or has exercised more parenting time than that order provided.

(Ga. Code § 19-6-15(k)(2) (2024).)

How Is Child Support Calculated for Modifications?

After you've met the threshold requirements for a modification, the court will apply Georgia's guidelines to calculate child support based on the current financial circumstances.

Be forewarned: Because the court considers evidence of both parents' finances and the children's needs, modification requests sometimes lead to changes that you didn't expect. For instance, you might want to lower your child support obligation because your employer cut back your work hours. But if the evidence shows that your ex has experienced more serious financial setbacks, you might end up with an increase in your support payments.

How to Request a Child Support Modification

There are two ways to request a child support modification:

• ask for a review of your existing order from the Georgia Division of Child Support Services (DCSS), or
• file a petition to modify child support directly with the court.

Agency Review of Child Support Orders

Either parent has the right to request a DCSS review of their child support order every three years. If it's been less than three years since the order was issued or last reviewed, you'll need to prove that there's been a substantial change in circumstances.

The form for the review request will ask you for details about your employment status and financial information. Submit the signed form, along with proof of your financial information, to your local DCSS office. (If DCSS is not already handling your child support case, you may need to apply for services to open a new case.) DCSS charges a $100 fee for the review (unless you're receiving certain public assistance or have a very low income), but you won't have to pay until the review is complete.

DCSS will compare the amount of child support in your current order with a new calculation based on your updated information. If there's a significant difference between the two, the agency will request a modification for you. There will be an administrative or court hearing if either parent objects to the agency's modification recommendation.

(Ga. Code § 19-11-12 (2024).)

Filing a Modification Request in Court

You also have the option of filing a petition for a modification of child support directly in court, as long as a Georgia court issued your existing order. Because DCSS reviews can take six months or more, this may be the quickest way to get a modification—especially if you and your co-parent have agreed on a change.

When you have a modification agreement, you'll need to submit it for a judge's approval. If you've agreed on an amount that's different than the standard guideline calculation (based on your current financial situation), you must explain the reasons that justify a deviation from Georgia's guidelines.

Without an agreement, both you and the other parent will have the opportunity to present evidence at a court hearing on your request. A judge will then make a decision. (If either parent requests a jury trial, a jury may decide whether you qualify for a deviation from the guidelines.)

(Ga. Code § 19-6-15(c)(5), (c)(6) (2024).)

When Will a Support Modification Take Effect?

When the court orders a modification in child support, the change will generally not be retroactive. Instead, it will take effect on the date of the new order.

However, if a parent has filed a petition for modification based on at least a 25% loss of income that was involuntary, the modified amount may apply as of the date that the other parent received a copy of the petition (through what's known as service of process).

When a court modifies child support based on involuntary income loss, the judge may decide to phase in the amount over a certain period of time, up to a year.

(Ga. Code § 19-6-15(j) (2024).)

Getting Help With Modifying Child Support

Georgia regularly changes its child support guidelines, and those changes might affect modification requests. You can find the most recent version of the guidelines (in Georgia Code § 19-6-15) on the Georgia Child Support Commission's Legislation, Rules, and Guidelines page.

As discussed above, Georgia's DCSS will handle your modification request if the agency's review of your existing child support order shows that a change is justified. Without the agency's help, you'll have to file the modification petition in the county where your co-parent lives. The forms and procedures may vary from county to county, so you should check with the appropriate court clerk's office for details.

However, you should strongly consider speaking with a lawyer if your co-parent hasn't agreed to a modified support amount. An experienced local family law attorney can evaluate your case, explain whether you have a good chance of getting the modification you're seeking, help you gather the right kind of evidence, and advocate for you in court. If you're successful with your modification request, the judge may order the other parent to pay your attorney's fees and other costs. (Ga. Code § 19-6-15(k)(5) (2024).)