Atlanta Child Support Modification Lawyer

Skilled Child Support Modification Attorneys In Atlanta, Georgia

Georgia law permits parties to seek modifications to existing orders regarding alimony, child support, custody, or visitation/parenting time. The state’s public policy encourages revisiting prior agreements or orders to accommodate changes in circumstances. For instance, if a payor loses their job due to company layoffs—through no fault of their own—their financial situation may have significantly changed. It would be unjust to require them to continue making payments at the previously agreed-upon amount when their financial circumstances have deteriorated. Our Atlanta child support modification lawyers are ready to guide you through this process, ensuring a fair and favorable outcome for your family.

It’s important to note that, as a general rule, property division is not subject to modification.

Modifications to custody and visitation, however, have different thresholds, requirements, and time restrictions. According to O.C.G.A. §19-9-3, in any case where a custody judgment has been issued, either party or the judge can request a review and modification of visitation rights or parenting time without needing to demonstrate a change in material conditions or circumstances for either party or the child. However, such reviews and modifications can only occur once every two years following the judgment’s entry. This provision does not limit the judge’s authority to issue a new custody judgment based on a demonstrated change in material conditions or circumstances concerning either party or the child.

In summary, the statute states that modifications to visitation can occur no more than once every two years, and importantly, there is no requirement to prove a material change in circumstances.

In contrast, modifications to custody do not have a specified time limit or waiting period; however, the criteria are much stricter. To modify custody, there must be:

(1) A material change of condition, and

(2) A significant impact on the child’s interests and welfare.

A minor change is insufficient; however, it’s important to note that a material change in circumstances can be positive rather than negative. Simply demonstrating a material change that affects the children does not automatically lead to a change in custody.

Each case is unique and fact-specific, so it’s wise to consult with an experienced family law attorney, like those at Naggiar & Sarif, to understand what courts typically consider a material change in circumstances and to explore your options.

Child support can be modified for various reasons, but the most common factors include a significant change in either parent’s income and financial situation or changes in the child’s needs.

Regarding timing and waiting periods, O.C.G.A. §19-6-15 states that neither parent may file a petition to modify child support within two years of a final order on a prior modification petition filed by the same parent. However, there are exceptions to this two-year rule, including situations where:

(A) The noncustodial parent has not followed the court-ordered visitation schedule;

(B) The noncustodial parent has exceeded the visitation time specified in the court order; or

Call Our Experienced Atlanta Child Support Modification Lawyer Today

Navigating the complexities of child support statutes can feel overwhelming, given the numerous details involved. At Naggiar & Sarif, we recognize the need to adjust child support, alimony, custody, and visitation arrangements as circumstances change. Life is dynamic, and your legal agreements should reflect that. Whether you face financial changes or shifts in parenting responsibilities, our experienced team is here to assist you with the necessary modifications. We emphasize clear and straightforward communication, ensuring that any adjustments are fair and in the best interests of all parties. Our objective is to provide practical solutions that help families transition smoothly into post-divorce life. Reach out to our Atlanta child support modification attorney today for support.