Was your current child support order entered prior to July 1, 2007? If so, you could easily be paying too much in monthly child support. Georgia law now takes into consideration the income of both parents when determining a child support obligation. The current worksheet also takes into consideration healthcare insurance premiums, daycare expenses, extraordinary educational expenses, and other expenses paid by either parent on behalf of the minor children. Likewise, the worksheet provides credit for a parent who is subject to a pre-existing child support order or who has custody of a child who is a “qualified child”. The current worksheet is the legislature’s best effort to ensure that the child support award reflects the obligation of each parent to provide for the health, maintenance and well-being of a child.
If your child support order was entered after July 1, 2007, you may still be eligible for a downward modification of child support. A child support order can be modified every 2 years or if there has been a material change in circumstance, ie. a change in either parent’s income or the needs of the child. For example, if your current child support award is based on a worksheet that includes daycare expenses and your child just entered kindergarten, you might be eligible for a downward modification of child support based upon the decrease in daycare expenses. Alternatively, if your child support worksheet does not include healthcare insurance premium payments and you recently added your child to your health insurance plan and had a new baby with your current wife, you might be eligible for a downward modification based upon the new qualified child and increase in expenses paid on behalf of the child.
Contact us today to find out more about your rights!
The Law Office of Angela M. Kinley serves clients throughout the North Metro region of Atlanta. We practice in courts throughout Gwinnett County, Dekalb County, Fulton County, Walton County, Barrow County, Jackson County, Rabun County, Hall County and Clarke County, including the cities of Atlanta, Duluth, Suwanee, Lawrenceville, Norcross, Lilburn, Loganville, Monroe, Braselton, Jefferson, Clayton, Gainesville, Athens, Oakwood, Winder and John’s Creek.