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    Child support modification

    Jurisdiction / State: Georgia

    Sorry if this has been asked before, please point me towards those threads if it has.

    BACKGROUND:

    I am the custodial parent. My ex says he is going to take me to court to have the child support modified because he tells us that his income has lowered since the divorce nearly 3 years ago. My self-employed income has also reduced considerably to poverty-level.

    His payments (since the divorce) have been erratic and I have had to chase them.



    QUESTIONS:
    I have since remarriedócan my current husband's income be used in this modification? I have read that it depends on the state law (Georgia).

    Whatever the outcome, with this modification can I have wages garnished, so that I receive guaranteed payment?

    Any advice would be appreciated.

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    This link provides information about child support enforcement and collection in GA.

    http://ocse.dhr.georgia.gov/portal/site/DHS-OCSE/

    Don't worry about what will happen at any hearing.
    Just prepare and present your own case.
    If the father doesn't have the income, and he can prove it, his support payments will go down.
    You will just have to budget accordingly.

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    modification

    Don't worry about what will happen at any hearing.
    Just prepare and present your own case.
    If the father doesn't have the income, and he can prove it, his support payments will go down.
    You will just have to budget accordingly.

    ---------------
    thanks for the reply, but I still have the following questions:
    1-is my reduced income (since the original CS agreement) taken into account?
    2-is my current husband's income taken into account?
    3-what happens to current CS payments that my Ex is in arrears for?

    I just want to be prepared for the scenarios

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    Quote Originally Posted by happyfeet1 View Post
    1-is my reduced income (since the original CS agreement) taken into account?
    Yes it will; however, you may have to request that your reduced income also be considered in the calculation.

    2-is my current husband's income taken into account?
    Generally, no. I didn't read through the statutes, but the guidelines only mention the income of the parents. Actually, I don't know of any state that includes spouse's income.

    3-what happens to current CS payments that my Ex is in arrears for?
    He may be able to petition to reduce the arrears retroactive to when his income decreased (again, I didn't check the statute), but it's unlikely, if not impossible, that the arrears would be completely forgiven.
    Last edited by irish223; 04-18-2010 at 02:23 PM.
    I'm not a lawyer

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    If one parent is seen as voluntarily under- or unemployed, occasionally the court will take the parent's spouse's income into consideration. More often than not though, the parent is simply imputed an income.

    Still, it's possible.

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    Quote Originally Posted by Proserpina View Post
    If one parent is seen as voluntarily under- or unemployed, occasionally the court will take the parent's spouse's income into consideration. More often than not though, the parent is simply imputed an income.

    Still, it's possible.
    Good to know. Thanks!
    I'm not a lawyer

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