US Legal Forms
Legal Resources
Questions & Answers
Divorce
Can My Child Support Payments be Lowered if I Change Jobs?

Can My Child Support Payments be Lowered if I Change Jobs?

Full question:

I was unemployed in NY last year and moved to GA 6 months ago. I will need my child support payments adjusted since my current income is more than 50% less than previous child support agreement created during our divorce years ago. I have received papers from NY that they will garnishee my current paycheck for more than I am currently paid. What do I do now?

Category: Divorce
Subcategory: Modification
Date: 04/07/2025
State: Georgia

Answer:

When a divorce decree is issued by a court, that court retains jurisdiction to modify its order. A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification Certain aspects of the decree are modifiable, while others are not. The property division is not modifiable by the court. It is final. Child custody may be modified if there is a significant change of circumstances. The court's decision to grant a modification is based on the best interests of the child. A motion and petition are generally the same thing, they are formals requests to the court for something. If granted, the court will issue an order. When the order is made, the requests in the motion/petition become enforceable.

A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification Certain aspects of the decree are modifiable, while others are not. The property division is not modifiable by the court. It is final. Child support may be modified if there is a significant change of circumstances. A significant change of circumstances may include, among others, a substantial increase or decrease in income, or contribution to expenses by another due to cohabitation or remarriage.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Does Georgia enforce out of state child support?

Yes, Georgia enforces out-of-state child support orders. Under the Uniform Interstate Family Support Act (UIFSA), Georgia courts recognize and enforce child support orders issued by other states. If you have a child support order from another state, you can register it in Georgia for enforcement. This allows Georgia to take necessary actions, such as wage garnishment, to ensure compliance with the order.

What happens if you owe child support in another state?

If you owe child support in another state, that state can enforce its order, even if you reside in Georgia. They may use various enforcement methods, such as wage garnishment or tax refund interception. It's important to communicate with the child support agency in the state where the order was issued to address any issues or seek modifications if your circumstances have changed.

Do you have to pay child support if you are unemployed in Georgia?

In Georgia, you are still obligated to pay child support even if you are unemployed. However, you can request a modification of your child support payments if your financial situation has significantly changed, such as a job loss. You will need to file a motion with the court to adjust the payments based on your current income and ability to pay.

What is the new child support law in Georgia?

The new child support law in Georgia, effective July 1, 2021, includes updated guidelines for calculating child support payments. The law considers both parents' incomes and the child's needs. It also allows for adjustments based on factors like health insurance costs and childcare expenses. It's essential to review these guidelines or consult a legal professional for specific cases.