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This addendum must be incorporated into the final judgment and decree. The amount of child support and the frequency of payment must be included in the final judgment. This child support addendum may become a part of a judgment in the above-styled action (the "Child Support Order").
In an action to modify a child support order, either upward or downward, a parent must prove that there has been a substantial change in either parent's income and financial status, or in the child's financial needs, since the original child support order was entered.
In Georgia, child support orders may be modified upon a showing of a substantial change in either parent's income or financial status, or in the needs of the children. O.C.G.A. §19-6-15(k)(1).
Most states have laws for retroactive child support, but Georgia is not one of them. This means that fathers in Georgia are not legally obligated to pay retroactive child support.
File for a modification through the courts Regardless of the reason, modifying child support must be done through a formal court proceeding. Otherwise, the paying party runs the risk of being held in contempt for not paying child support in ance with the court order.
Custodial or noncustodial parents in Georgia who wish to modify a child support order can pay a $100 fee to have the Georgia Division of Child Support Services review their case.
Modifying Family Law Agreement in Georgia In general, a modification to child support payments can be requested after a 2 year period from the previous agreement (including the original agreement).
Child Support Arrears Be mindful, there is no statute of limitations on the collection of arrears. The child may already be an adult when the parent petitions to collect arrearages from the payor. Once a judgment is entered, interest accrues at the statutory post judgment rate. These judgments do not expire either.