Explaining Child Support Modifications
Posted on Jan 24, 2011 8:56am PST
Parents that have been ordered to pay child support and who have since experienced job loss, reduced employment or involuntary drop in income due to the economic climate have all too often discovered that the parent receiving support is unforgiving and unwilling to accept that the support-paying parent is truly doing the best he or she can.
Unfortunately, the recipient-parent will sometimes use the support shortage as an excuse to grind an old axe or retaliate for some grievance unrelated to finances, and will be uncooperative in agreeing to lower support payments. When this happens or when the payer-parent wants to protect themselves from building up a massive support arrearage and/or from a contempt action, the solution is to seek a modification of child support based upon involuntary loss of income.
In fact, under child support laws in Georgia, a Georgia judge now has the authority to backdate a decrease in child support to the date that the action to lower (or modify) child support is filed. This means that even if the case takes several months to be resolved, the arrearage of support will not be growing at the original rate, but will build only at the rate child support was changed - a potentially large amount of savings.
The involuntary loss in income basis for lowering child support is the only basis that allows for a backdating to the time of filing the action (as opposed to the date of the final decision). So, if you are paying child support and want to lower your payments due to involuntary changes in financial circumstances, you should consult with a family lawyer and file a modification of child support as soon as possible. Involuntary loss in income can also constitute a defense to a contempt action (though the money will still be owed until it is modified).
These types of cases are vastly important and infinitely complex - do not hesitate to contact a Lawrenceville family law attorney at the firm as soon as possible to allow them to get started on your case today.