Modification of Child Support | Modification of Alimony Modification of child support and alimony. The general rule is that after a divorce decree is final and the term of the court has expired, neither the parties nor the court has the authority to modify the terms of the divorce decree. However, as with most general rules there are many exceptions. Additionally, even if you and your spouse agree to modify the child support terms or periodic alimony amount it must be approved by a Judge to be legally enforceable. The way the modification process works is if you and your spouse can not agree on a change, you must request the court to hold a hearing in which you can explain the pros and cons of your requested modification. Generally a court will not modify an existing order unless there has been a significant change in circumstances. Changes may be temporary or permanent. Examples of some of the types of changes that are usually temporary are:
- a child’s medical emergency
- the person paying child support or alimony is unable to pay (because of illness or an additional financial burden such as a medical emergency or job loss), or
- temporary economic or medical hardship
Examples of some of the types of changes that usually result in a permanent modification are:
- one parent receives additional income from remarriage
- job change of either parent
- cost of living increase
- disability of either parent, or
- needs of the child.
A permanent modification of a child support order will remain in effect until support is no longer required or the order is modified at a later time – because of changed circumstances. Contact CJ and the Remboldt Law Firm at 404-348-4081 to arrange your free telephone consultation to discuss the possibility of a modification of the terms of your divorce.
If you have agreed on a divorce and all the divorce terms, an Uncontested Divorce Attorney can assist you in getting your divorce completed. In the mean time, you may find the Georgia Child Support Worksheet helpful. Also, if you are considering an uncontested divorce, you may find the Uncontested Divorce Worksheet helpful in moving forward with an uncontested divorce.