If you’re considering filing for a modification of child support, you should know a few things before you get to the hearing. Primarily, you’ll want to understand the grounds on which the courts might grant modification of child support hearings, what you need to consider, and what may (or may not) hurt your case.
Understand the Legal Grounds for Modification of Child Support Hearings in Your State
Each state has its own legal guidelines for determining if and when child support modification is appropriate. In Georgia, the petitioning party must prove that either parent has substantially changed circumstances.
While the term “substantial change in circumstance” is somewhat vague, here are a few examples the courts routinely see:
- One of the parents loses his or her job
- One of the parents is hit with a severe illness or accident
- The new home location of the child requires a cost of living increase
- The child is struck with a significant physical disability or ailment
- One of the parents has a substantial increase in income
- Child custody shifts from one parent to another
There are many other reasons a modification may apply. Be sure to check with a local family law attorney to better understand whether you have grounds for a case.
Modifications Aren’t Always Permanent
You can apply for a temporary modification of a child support or custody agreement based on certain circumstances. While many divorced couples work out informal arrangements and changes, getting the official Court blessing is always best to ensure the rule of law is followed, and you and your family are fully protected.
Get to Know the Documents…and What’s in Them
A long list of forms need to be filed for modification. Skipping on or filling it out inaccurately can prevent your entire case from being dismissed. You may also want to write a Declaration summarizing what you ask the Court to make during your hearing.
However, you probably don’t want to include a random assortment of bank statements, receipts, pay stubs, or canceled checks. A summary highlighting the important parts will be sufficient for the court, and they can always request to see additional documentation in detail.
People Can’t Always Testify on Your Behalf
Contrary to what late-night television has taught us, not all cases will hear live testimony. However, if it’s relevant to the case and there are particular mitigating circumstances, the Court may allow it. Ultimately, it combines filing the proper paperwork and the judge making a final call.
However, you can have a lawyer prepare individual sworn statements of any witnesses and include descriptions in your summary paperwork. As with the financial and bank records, the summary may be sufficient…or the Court could request more.
Contact Us to Get the Help You Need
Still, have questions about child support or child custody in Alpharetta? Contact the Reeder Law Firm now with your questions about the modification of child support hearings.
