How to Modify Child Support in Georgia: Filing Steps and Effective Date

By the FigureMyTax Editorial Team · How we calculate

To modify Georgia child support, file a petition for modification under the same rules as divorce proceedings and serve the other parent. Past installments are judgments and cannot be modified, and for an involuntary income loss of 25% the lost portion stops accruing at service.

How do you modify child support in Georgia?

1. Run the guideline amount in the Georgia child support calculator and use the modification calculator to check the 2-year bar.
2. File a petition for modification under the same rules of procedure applicable to divorce proceedings (O.C.G.A. 19-6-15(k)(4)).
3. Serve the other parent. For an involuntary loss of income, the date of service is the date from which the lost portion stops accruing.
4. Ask for temporary modification if you need it: the court may allow it on motion pending the final trial, subject to revision before trial.
5. Go to the hearing with proof of the change. A jury can be demanded, but it decides only a parent’s gross income and any deviations.

From what date does a Georgia modification take effect?

The statute does not give a general effective date for an ordinary modification, and each past installment is a judgment that cannot be retroactively modified (19-6-17(e)). For a petition based on an involuntary loss of income of 25 percent or more, the portion of support attributable to the lost income does not accrue from the date of service of the petition (19-6-15(j)). So serve promptly.

What does the final order have to say?

The court enters a written order specifying the basis for the modification, if any, and including the information required by the child support statute for orders, such as the worksheet findings (19-6-15(k)(4)).

Can the agency review my order?

In cases where the Division of Child Support Services enforces the order, the agency must periodically give notice of the right to request a review, within 36 months after the order or the last review; failure to give notice does not affect the right to ask for a review. TANF cases are reviewed after the thirty-sixth month without a request. Other cases are eligible on application and payment of the agency fee (19-11-12).

Who pays the lawyers?

In a modification proceeding the court may award attorney’s fees, costs and expenses of litigation to the prevailing party as the interests of justice require. When a custodial parent wins an upward modification because the noncustodial parent was not available and willing to use court-ordered visitation, reasonable and necessary fees and expenses must be awarded to the custodial parent (19-6-15(k)(5)).

What should you prepare for the hearing?

• Pay stubs, tax returns and other proof of each parent’s income now; the court uses a child support worksheet and may need documents on deviations (19-6-15).
• The current order and a guideline worksheet from the Georgia child support calculator.
• Records of the change: a termination notice, medical records, insurance and child care costs, or visitation records.
• Proof of the service date on the other parent.

How much does a late service cost? An example

If the other parent is served 3, 6 or 9 months after your change, the relief you lose at a $300 monthly difference (outside the involuntary-loss rule) is:

What happens to unpaid support while the petition is pending?

It stays owed and accrues interest. See how long Georgia arrears last and add up your balance.

Frequently asked questions

Official sources

• O.C.G.A. 19-6-15: child support guidelines, modification and involuntary loss of income
• O.C.G.A. 19-6-17: child support judgments by operation of law
• O.C.G.A. 19-11-12: agency review of child support orders
• O.C.G.A. 19-11-18: collection of arrearages
• 42 U.S.C. 666(a)(9): no retroactive modification of support already due

This is general information, not legal advice. It is based on the cited Georgia statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Georgia attorney.