When Is It Possible to Change Child Support Payments?

Child support orders in Augusta, GA are not permanent. They can be adjusted whenever you can show that a substantial change in circumstances has occurred since the order was entered or last modified. However, Georgia family law controls this process and sets the terms for how and when you can make these kinds of changes.

A “Substantial” Change

The law requires that something substantial have taken place to make a change to your orders. Usually, this will be something that has significant and continuing effects upon either parent’s ability to pay or the child’s financial needs. The courts and the Division of Child Support Services will want to see evidence of the real impact this change has had, and you must prove the change with actual records, not just descriptions. 

Common Examples:

• Involuntary loss of income of 25% or more
• Loss of job when an employer shuts down operations or a serious long-term illness or accident stops someone from working for over a year
• Starting to receive TANF benefits or receiving an unexpected windfall, like an inheritance
• Development of a serious medical condition by either parent or the child
• New unexpected expenses for schooling or other child needs
• Change in living arrangements

What’s Not a Substantial Change

If you or the other parent have voluntarily quit a steady job for a lower-paying one or switched to part-time work when full-time opportunities exist, this generally won’t count, even if your income has gone down significantly. New expenses like having another child, buying a home, or taking on debt usually won’t count, either, since these are all free choices that should have been made by accommodating the order that was already in place. 

General increases in living costs may or may not allow you to make an adjustment: it depends on the situation. If the cost of living generally has gone up substantially, but your income has not, the court may agree to hear the case for making a change. But if your cost of living has gone up because you’ve made choices you didn’t have to, they likely won’t. 

How Custody Affects Things

A meaningful increase or decrease in actual parenting time, compared to the court order, may support a petition to do a recalculation of child support. These issues sometimes run alongside a support modification, though separate filings may still be required, depending on the details. 

Working With a Family Law Attorney

An attorney can help you review your request and give you sound advice about whether it’s likely to meet the threshold and be accepted. Then, your attorney will prepare the paperwork and argue the case. Your attorney represents you and your interests at the hearing, where the judge decides first whether the change meets the legal threshold and then applies the guidelines to set any revised amount.

For help with your custody or support issue, contact Davis, Chapman, & Wilder in Augusta, GA today. As a leading local law firm, we’ve been voted 10 Best Law Firms for Customer Satisfaction by the Institute of Family Law Attorneys, and we have more than 30 years of experience helping the families of Georgia during the toughest times of life. 

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