QUESTION

I have a court order for child support im. o remarried with a newborn baby where do I go for modification

Asked on Jun 01st, 2014 on Child Support - Georgia
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1 ANSWER

To bring a petition for modification of a child support award, regardless of the length of time since the award was established, there must be a substantial change in either parents’ income and financial status or the needs of the child. O.C.G.A. 19-6-15(k)(1).             The substantial change in income can either be an increase in income or a decrease.             A petition for modification of child support has to be filed utilizing the same procedure followed when filing for a divorce.  Therefore, venue and jurisdiction has to be considered.  One has to be mindful of the state and county when filing. The Defendant (the party that isn’t filing the modification) has to be served with the modification documents.             During the hearing, testimony and evidence can be introduced concerning the change in circumstances, income, and financial status of either parent.  Evidence and testimony concerning the change in the needs of the child can also be introduced.             It must be determined that since the previous award for child support was put in place, there has been a substantial change.             After hearing evidence presented by both parties, the court may modify the previous award, if the evidence proves that a change warranting a modification has occurred.  In addition, the court considers whether a modification will be in the best interest of the child or children.             If a modification is warranted, the court will enter a written order specifying the basis for the modification and include all required information.   If you would like a child support modification, please feel free to contact me. Daniela McCalla info@dmccallalaw.com                                       (678) 883-2560
Answered on Jun 12th, 2014 at 11:56 AM

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