Child support modification

Discussion in 'Child Custody & Visitation' started by happyfeet1, Apr 16, 2010.

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  1. happyfeet1

    happyfeet1 Law Topic Starter New Member

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    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 remarried—can 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.
     
  2. army judge

    army judge Super Moderator

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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.
     
  3. happyfeet1

    happyfeet1 Law Topic Starter New Member

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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
     
  4. irish223

    irish223 Moderator

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    Yes it will; however, you may have to request that your reduced income also be considered in the calculation.

    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.

    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: Apr 18, 2010
  5. Proserpina

    Proserpina Moderator

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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.
     
  6. irish223

    irish223 Moderator

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    Good to know. Thanks!
     
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