Need A Divorce Modification? Speak With Us

The only constant in life is change. A custody or support order that made sense at the time it was issued may no longer work. Children's needs change, parents relocate for new jobs and people get remarried. Child support, spousal support, custody and visitation can all be modified to meet changing circumstances.

Even if you and your child's other parent have a verbal agreement to change any of these, it is important to file for a modification from the court. The existing court order remains in effect until the court issues a new order. Failure to obtain a new order leaves you susceptible to the other party reverting to the original order.

From our Carrollton office, McMahan Perry & Phillips, LLC, assists individuals with divorce modifications and all other family law matters. We work with clients throughout west Georgia, including residents of Carroll County and Coweta County.

When Can Child Custody And Visitation Be Modified?

Child custody and visitation can change if it is in the best interest of the child. A court cannot change it solely based on one parent's circumstances. When a child turns 14, he or she may express a desire to live with a certain parent. The court will take the child's wishes into consideration, but any change must still be in the child's best interest.

When Can Child Support Be Modified?

A parent may request an increase or decrease in child support if there is a significant change in circumstances. These may include:

  • The needs of the child increase
  • Either parent becomes unemployed for an extended period
  • Either parent has an illness or becomes disabled to the point where it impacts personal income
  • The noncustodial parent receives a significant wage increase
  • A modification to child custody impacts how many days and nights the child spends with either parent

After modification, child support cannot change again for two years following the date of the last modification except when unemployment results in a decrease in gross monthly income of 25 percent or more. It should also be noted that the court may award attorney's fees and other costs of modifying or litigating a request to modify custody or support to either party.

When Can Alimony Be Modified?

Georgia law states that permanent spousal support payments may be modified if there is a significant change in income or financial status of either spouse. This may include extended unemployment or a significant increase or decrease in income. Alimony can be terminated if the receiving spouse remarries or enters into a relationship in which the parties cohabitate.

Whether you seek a custody modification or child support modification, or you want to defend against a petition for modification, it is important to reach a knowledgeable lawyer as soon as possible. Call 678-664-4360 or use our online contact form to schedule a consultation.