Modification Attorney in Georgia
A common misconception is that you can file for modification if you do not like the court’s rulings for child support, custody, or visitation. However, sufficient legal grounds must exist or the judge has no basis or authority to change child support, custody, or visitation orders. Attorney E. Noreen Banks-Ware, P.C. can help you prepare for legitimate modifications before the court.
Grounds for modification
Examples of circumstances that Georgia courts may consider as substantial to authorize changes include:
- A significant move in geographic location
- Job loss resulting in drastically lower income
- Serious medical conditions affecting the child
- Significant changes in health insurance costs
- Lifestyle changes that threaten the child’s well being—i.e. work schedule changes or a parent involved in drug/alcohol abuse
- Re-marriage of an ex-spouse
- Living arrangement changes for a child to live with the other parent
Assistance with child support modification
Under the new 2007 Georgia child support guidelines, you may file a petition to modify child support after the final divorce decree is issued. However, further modifications are limited to once every two years from a previous modification date. Exceptions to this two-year limitation are:
- Involuntary loss of income
- A parent’s failure to exercise proper rights of visitation
Under Georgia law, child support is only required until a child reaches 18 years of age or graduates high school.
When considering filing for child support modification, have a Georgia modification attorney review your financial situation with you. New guideline changes may result in higher payments than you were previously paying and defeat the reason for your desired modification.
Ex-spouses cannot agree on modification and change child support without seeking a court ruling. Failure to pay child support results in past due support which is subject to interest at statutory rates. Also, there is no statute of limitations on collecting past child support.
If you are having trouble collecting child support, we can discuss filing contempt actions on your behalf to recover back support or other legal options.
Get legal help from a modification lawyer
Find out how to deal with changing circumstances by discussing modification with an experienced modification attorney. Contact E. Noreen Banks-Ware, P.C. today.