Georgia Petition to Modify or Amend Divorce Decree Stopping Child Support on the Grounds that Respondent Interfered with Visitation Rights and Child is Now an Adult

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Multi-State
Control #:
US-01896BG
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Word; 
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Description

This form is a generic pleading and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

A divorce modification can be used to amend the terms for any part of a divorce, except for reversing the actual divorce. Some common reasons for filing a request for a divorce modification include changing the amount paid in child support, adjusting custody or the child visitation schedule.

Georgia law provides for certain circumstances under which a party may petition the court to modify his/her child support obligation. The most common basis for a child support modification is a change in the financial circumstances of the parties and/or the needs of the children.

A court's final determination of child support shall take into account the obligor's earnings, income, and other evidence of the obligor's ability to pay. The court or the jury shall also consider the basic subsistence needs of the parents and the child for whom support is to be provided.

Ask for a support modification You could ask the court to modify the support order if you have proof there have been significant changes that impact your ability to pay support. This includes changes in income, expenses and parenting time. Be sure to report any changes in your income immediately.

You may open a case with the Georgia Department of Child Support Services by visiting their local office and making an application for modification of your child support order. There is a small fee for the application, which can be downloaded at: .

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).

Georgia law requires parents to support their children until the age of 18 or high school graduation, whichever occurs later. While parents are not required to support their children during college, however; this can be negotiated and included in the final divorce decree.

However, once child support is ordered by the Georgia courts, there is no statute of limitations on the payment arrears. This means that if you are ordered to pay child support and then miss your payments, they will never expire.

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Georgia Petition to Modify or Amend Divorce Decree Stopping Child Support on the Grounds that Respondent Interfered with Visitation Rights and Child is Now an Adult