Modification
Modification of Custody or Visitation
Modification of Custody or Visitation
Georgia law allows a party to modify an existing custody orders under certain circumstances. Custody may be modified when there has been a material change in circumstances affecting the welfare of a minor child or children. The Court evaluates whether to make a change to a child or children's living situation by using the "best interest of the child" standard. The Court can consider any relevant factor when determining what would be best for the child. A list of the factors that a Court may consider when making this determination are listed in O.C.G.A. §19-9-3. Visitation may also be modified if it is determined that the change is in the best interest of the minor child or children. A Court can modify visitation without there being a material change in circumstances affecting the child or children.
Modification of Alimony and/or Child Support
Modification of Alimony and/or Child Support
Georgia law allows a party to modify alimony upward or downward if there has been a substantial change in the income or financial status of either party. Once a party proves that there has been a substantial change in income or financial status, the Court will use its discretion in cases of alimony to modify future alimony.
Georgia law similarly provides that child support can be modified if there is a substantial change in financial circumstance that affects the minor child or children. In child support modification cases, the Court will use the Georgia Child Support Guidelines and Georgia child support worksheet as a tool in recalculating child support. A link to the Georgia Child Support Worksheet is provided: http://www.georgiacourts.org/csc.
Our experienced attorneys can guide you in determining whether a modification of custody, alimony, and/or child support is appropriate given your particular situation.