To change Georgia child support, a parent files a new case in the other parent’s county, if that parent lives in Georgia, and must show a substantial change since the last order.
What the Statute Says
Under OCGA 19-6-15(k)(1), a parent may not petition “unless there is a substantial change in either parent’s income and financial status or the needs of the child.” Under OCGA 19-6-15(k)(4), the petition follows the same rules as a divorce, and a jury, if demanded, decides only “a parent’s gross income and any deviations.” The change must be proven and the new amount “in the child’s best interest,” explained in a written order. The new amount is calculated under the guidelines.
The Two-Year Rule
Under OCGA 19-6-15(k)(2), a parent may not file again “within a period of two years from the date of the final order on a previous petition to modify by the same parent,” unless the noncustodial parent has not used court-ordered parenting time, has used more than ordered, or the petition rests on an involuntary loss of income of 25 percent or more.
In Bagwell v. Bagwell, 290 Ga. 378 (2012), a father’s petition was dismissed because he refused to answer discovery, and he filed a new one two weeks after the court announced it would dismiss the first. The Georgia Supreme Court held the dismissal was a final order and the new petition was barred.
Where to File
In Davis v. Davis, 259 Ga. 151 (1989), a mother filed in DeKalb County, where the divorce was granted, after the father had moved to Gwinnett; the Supreme Court ordered the case transferred there. Our long-arm post covers a parent who has left Georgia.
Other Routes
A court may enter a temporary order while the petition is pending, and the Division of Child Support Services also reviews orders, as our DCSS post explains. What counts as a substantial change has its own post.
Contact Us
This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!