Child Support Modification in Georgia

A Georgia child support order is calculated based on both parents’ incomes and the custody schedule at the time it was entered. When those facts change significantly, either parent has the right to petition the court for a modification. The modified order replaces the old one and governs going forward from the date the court issues it.

Georgia courts can modify child support when the proposed new amount would differ from the current order by at least 15 percent, or when there has been a substantial change in the child’s financial needs. The 15 percent threshold is defined in O.C.G.A. § 19-6-15 and is the most commonly used standard because it gives both parents a clear, calculable basis for evaluating whether a filing makes sense before spending money on attorney fees.

Tannen Law Group handles child support modifications for both parents seeking a change and parents defending against one. We serve clients in Fulton, Gwinnett, and Forsyth County Superior Courts. Attorney David Tannen has handled child support modifications in North Atlanta courts since 2002. Attorney Kevin Markes handles contested modification proceedings involving hidden income, business ownership, and situations where the other parent disputes the change.

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Child Support Modification Quick Facts

Primary legal threshold: Proposed new amount differs from current order by at least 15 percent, O.C.G.A. § 19-6-15
Secondary threshold: Substantial change in the child's financial needs
Income definition: All gross income sources including salary, bonuses, commissions, self-employment, rental income, and investment returns
Imputed income: Courts assign income to voluntarily unemployed or underemployed parents based on earning capacity
Back support interest: Unpaid child support accrues interest at 12 percent annually, O.C.G.A. § 19-11-18
Critical rule: You cannot stop paying support while a modification petition is pending
Filing fee: Approximately $75 to file a modification petition. Approximately $25 to file an answer if you are the respondent
Timeline: Forsyth County 6 to 9 months; Gwinnett County 6 to 12 months; Fulton County 6 to 12 months
Both sides: Tannen Law Group represents parents seeking modification and parents defending against it

How Georgia Calculates Child Support

Understanding how Georgia calculates child support is essential to understanding when and how to modify it.

Georgia uses an income-shares model under O.C.G.A. § 19-6-15. The calculation starts with both parents’ combined adjusted gross income. That combined figure is applied to a statutory schedule that approximates what an intact household of that income level would spend on a child. Each parent’s share of the total obligation is then allocated proportionally based on their percentage of the combined income.

The base calculation is then adjusted for work-related childcare costs, health insurance premiums paid for the child, and extraordinary expenses such as ongoing medical treatment, private school tuition, or special needs services. These adjustments are added to or offset from the base obligation and split proportionally between the parents.

Deviation factors allow courts to adjust the calculated amount up or down based on specific circumstances. Extended parenting time by the non-custodial parent, travel costs for visitation, a parent’s support obligations for other children, and the child’s special needs are common deviation grounds. Courts are not required to deviate but will do so when the standard calculation produces an unjust result given the specific facts.

When income changes significantly or when the custody schedule shifts, the inputs to the calculation change. Running the new numbers is the first step in evaluating whether a modification petition is warranted. We do that calculation during the free consultation so you know what a modified order would produce before deciding whether to file.

Grounds for Child Support Modification

Job loss or involuntary income reduction is the most common reason parents seek a downward modification. A parent who loses their job, is laid off, or experiences a significant pay cut can petition for reduced support. The change must be involuntary. Courts are skeptical of income reductions that appear to be timed to coincide with support obligations or that could have been avoided.

Significant income increase supports an upward modification petition from the custodial parent. A parent who receives a substantial raise, a promotion, a business windfall, or significant new income sources can be required to contribute more to the child’s support. This applies regardless of which parent received the increase.

Change in custody or parenting time schedule directly affects the income-shares calculation. When the parenting time split changes substantially, the base obligation and deviation analysis both change. A parent who goes from seeing the child every other weekend to having equal parenting time has a fundamentally different support picture than the original order reflects.

The child’s changed financial needs cover situations where the child develops ongoing medical requirements, enrolls in a specialized educational program, or has other changed circumstances that materially affect the cost of raising them. The standard is a substantial change, not a minor increase in expenses.

Changes in work-related childcare costs affect the adjustment portion of the calculation. When a parent starts or stops working, changes jobs, or the child ages out of childcare, the childcare component of the support order changes. These adjustments can meaningfully affect the final number.

Changes in health insurance coverage for the child are an adjustment factor. When the parent who was covering the child loses coverage, changes employers, or the child’s coverage situation changes for any reason, the support calculation is affected.

The Critical Rule: Do Not Stop Paying

This is the single most important practical point in child support modification law. You cannot stop paying court-ordered child support while a modification petition is pending, even if you have already lost your job, even if your income has dropped to zero, and even if you have filed the petition and are waiting for a hearing date.

Until the court enters a new order, the existing obligation continues to accrue at the full amount. Back child support carries interest at 12 percent per year under O.C.G.A. § 19-11-18. A parent who stops paying while waiting for a modification to be approved can accumulate thousands of dollars in arrears and interest in a matter of months, and will also face contempt exposure on top of the modification proceeding.

File the modification petition the day the qualifying circumstances occur. Pay what you can while the petition is pending. Document every payment. The modification, when granted, applies going forward from the date of the new order. It does not erase arrears that accumulated while you were waiting.

Hidden Income and Child Support Modifications

Georgia courts are experienced with parents who attempt to hide income or suppress earnings to avoid child support obligations. Several enforcement tools are available when this occurs.

Voluntary unemployment or underemployment. When a parent leaves a well-paying job, reduces hours, or declines advancement opportunities in ways that appear designed to reduce their support obligation, courts will impute income. Imputation is based on the parent’s education, work history, job market conditions, and earning capacity. A parent who earned $120,000 annually cannot simply quit and have their support obligation reset to minimum wage.

Self-employed parents and business owners. Business income is frequently underreported for support purposes. Personal expenses run through a business, depreciation deductions, deferred compensation, and distributions that do not appear on a W-2 are all potential income sources courts include in the calculation. Forensic financial analysis of business tax returns, bank statements, and financial records can reconstruct actual income when the reported figure does not reflect reality.

Cash income and unreported earnings. Courts consider lifestyle evidence when evaluating claimed income. A parent who claims minimal income but lives in an expensive home, drives a luxury vehicle, and takes frequent vacations may face questions about the source of those funds. Subpoenas for bank statements, credit card records, and financial accounts can document income that does not appear on tax returns.

Kevin Markes has recovered over $40,000 in unpaid child support in a single contempt proceeding by documenting hidden income through financial records. The same analysis that drives contempt recovery applies to modification proceedings where income is being suppressed.

Call (470) 560-7798 if you believe the other parent is hiding income or misrepresenting their financial situation.

Defending Against a Child Support Modification Petition

If you have been served with a modification petition seeking to increase your support obligation, you have 30 days from service to file your Answer. Failing to respond allows the court to modify the order without your input.

Your Answer should respond to each claim in the petition, dispute the alleged income figures if they are inaccurate, assert your own financial picture with documentation, and request a hearing. Begin gathering your financial documentation immediately: tax returns for the last two to three years, pay stubs, bank statements, and records of any financial changes relevant to the calculation.

Common defenses in upward modification cases: the petitioner’s income calculation is incorrect, the claimed income increase is temporary rather than sustained, the proposed modification does not account for proper deductions and adjustments, and the 15 percent threshold is not actually met when the numbers are run correctly.

For downward modification defense, where you are the custodial parent and your co-parent is seeking to pay less: the co-parent’s income reduction is voluntary, the change does not meet the 15 percent threshold, the financial circumstances have not genuinely changed, and the proposed reduction does not adequately cover the child’s needs.

We represent both sides of child support modification proceedings. If you have been served and need to protect the support your child depends on, call (470) 560-7798 today.

Enforcement When Support Is Not Paid

Child support modification and child support enforcement are separate proceedings, but they often arise together. A parent who has fallen behind on support while seeking a modification is in arrears and subject to enforcement action regardless of the pending modification petition.

Georgia’s enforcement tools for unpaid child support include income deduction orders that garnish wages directly from the employer, tax refund intercepts at both state and federal levels, driver’s license suspension and professional license suspension for arrears exceeding a threshold amount, passport denial for arrears exceeding $2,500, credit bureau reporting, and contempt proceedings that can result in jail time for willful noncompliance.

Kevin Markes handles child support contempt and enforcement proceedings in addition to modification cases. If your co-parent owes back support, enforcement and modification can proceed simultaneously to both collect arrears and establish a correct forward-looking obligation.

The Child Support Modification Process

Step 1: Calculate the proposed new amount. Before filing, run the income-shares calculation with current income figures and the current custody schedule. If the proposed new amount differs from the existing order by at least 15 percent, the threshold is met. We do this calculation during the free consultation.

Step 2: File the modification petition. The petition is filed in the same court that issued the original support order. It must identify the original order, specify the changed circumstances, and state the requested new amount. Filing fees run approximately $75 to file the petition, plus approximately $25 if you are the responding party filing an answer.

Step 3: Financial disclosure. Both parties exchange financial documentation. Tax returns, pay stubs, business financials, and bank statements are the core documents. The accuracy of the income figures drives the outcome, so complete and accurate disclosure is essential.

Step 4: Mediation or hearing. Most modification cases attempt to resolve through negotiation before a hearing. If the parties cannot agree on a new amount, the judge conducts a hearing and determines the correct calculation based on the evidence presented.

Step 5: New order entered. The court enters the modified support order, which governs going forward from the date of entry. Existing arrears are not eliminated by the modification.

Frequently Asked Questions

How do I know if my income change is big enough to justify a modification?

Run the income-shares calculation with your current income figures. If the proposed new amount differs from your existing order by at least 15 percent, the threshold is met. Call (470) 560-7798 and we will run that calculation during the free consultation at no cost.

I lost my job last month. Should I stop paying support until the modification is approved?

No. Keep paying what you can and file the modification petition immediately. Stopping payment creates arrears that accrue interest at 12 percent annually and exposes you to contempt proceedings. The modification applies from the date the court enters the new order, not from when you stopped paying. Call (470) 560-7798 today.

My ex got a big raise. Can I get child support increased?

Yes, if the income-shares calculation with their new income produces a figure that is at least 15 percent higher than the current order. Call (470) 560-7798 to discuss how to document the income change and what the new calculation would produce.

My ex claims to earn very little but I know that is not true. What can I do?

Courts impute income to parents who voluntarily suppress earnings and can order financial disclosure through discovery. Bank statements, tax returns, business financials, and lifestyle evidence can all be used to demonstrate that reported income does not reflect actual earning capacity. Call (470) 560-7798 to discuss what discovery tools apply to your situation.

Can we modify child support by agreement without going to court?

You can negotiate a new amount, but the agreed modification must be submitted to the court for approval to be enforceable. An informal agreement between parents is not binding in future proceedings. We draft the agreed modification and submit it for court approval efficiently when both parties are aligned.

Does a custody change automatically change child support?

No. A change in the custody schedule is grounds to request a child support modification, but the modification does not happen automatically. You must file a petition and obtain a new court order. Call (470) 560-7798 if your custody schedule has changed and you need the support amount updated.

What if I cannot afford the filing fee?

Courts have a fee waiver process (In Forma Pauperis) for qualifying parties. Your attorney can assist with the application. Call (470) 560-7798 to discuss your situation.

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