Georgia child support can be changed when either parent’s income and financial status, or the child’s needs, has changed substantially since the last order.
What the Statute Says
Under OCGA 19-6-15(k)(1), there must be “a substantial change in either parent’s income and financial status or the needs of the child.” Wingard v. Paris, 270 Ga. 439 (1999), construed the same “or” in an earlier version of the statute. A trial court had found the father’s income substantially increased but refused to raise support because the mother had not shown the child’s needs exceeded the current award. The Georgia Supreme Court reversed: the trial court “failed to give meaning to the statutory word ‘or.’”
A Raise Can Be Enough
In Park-Poaps v. Poaps, 351 Ga. App. 856 (2019), the paying mother’s gross monthly income had risen from $5,917 to $8,673. The Court of Appeals upheld the finding of a substantial change, holding that a court “is authorized to base its finding of a substantial change on an increase in a parent’s wage income,” though it reversed the award for other errors.
Measured From the Last Order
In Hulett v. Sutherland, 276 Ga. 596 (2003), the decree found the father’s gross income was about $4,000 a month. When the mother sought an increase, the trial court let him prove he had really earned more then, and denied her petition. The Supreme Court reversed: the decree’s income finding was conclusive and could not be relitigated.
What Does Not Count
In Gibson v. Giles, 242 Ga. 720 (1978), a father’s salary was unchanged, but his net worth had fallen while he supported a new wife and her child. The Supreme Court reversed a jury’s reduction: “A decrease in net worth caused merely by increased living expenses is not such a change in financial status as would authorize a jury to reduce the child support payments.”
A parent who chooses to earn less may have income imputed, as our willful unemployment post explains.
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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!