Filing for a Modification of Child Support in Georgia Child Support Agency Cases
Modification procedures and forms are somewhat different than for filing in Superior Court. But they also are similar since both procedures must be based on the same child support guidelines.
Forms can be found on the web site for the Division of Child Support Services (DCSS), which a part of Georgia’s Department of Human Services.
As with standard forms for Superior Court, standard forms on the DCSS site for modifying child support do not have options for filing for stoppage of arrearages at time of service when income falls at least 25 percent.
If a child support obligor’s income has fallen at least 25 percent, to request stoppage of arrearages, you must attach your own amendment to the “Request for Review of Child Support Order.”
An amendment for this purpose has been drafted by AffordableChildSupport.com. You may download it, review it and see it is appropriate for your case. (further below)
Information on Modification from the Department of Child Support Services
However, as noted by DCSS, “[w]hen a review is requested, it may take up to six months to complete the process. The length of time varies depending upon how difficult it is to locate a necessary party, verify income or assets, obtain personal service of legal notice upon both parties, etc.”
This likely delay is why it is important to petition for stoppage of arrearages at the time of service.
Here’s the link for the DCSS packet for modification (same link as at bottom of DCSS’s Request for Review page). Click here.
Again, in the packet, the document for “Request for Review of Child Support Order” does not have options for filing for stoppage of arrearages at time of service when income falls at least 25 percent.
Here is the likely helpful amendment to the Request that takes into account loss of 25 percent income and petitioning for stoppage of arrearages.
Click here for the Word version.
Click here for the pdf version.
Link to the Georgia Child Support Calculator
You will need to create a child support worksheet for your case. The calculator is maintained by the Georgia Child Support Commission and the Georgia Administrative Office of the Courts. The calculator now is only web based. It is designed for you to set up a free account where you can store the worksheets that you create. You can create many versions or scenarios and save them under separate filenames for future access. The web site also lets you print worksheets to pdf format that you can save to your PC.
Other Information Related to Agency Child Support Cases
DCSS link for Driver’s License Reinstatement
By law, DCSS is required to inform noncustodial parents (NCPs) with child support arrearages of resources that are available to them as potential alternatives to driver’s license suspension. However, this notice may be overlooked.
The following link takes you to information on possibly precluding license suspension if it has not already occurred and how to reinstate a license if it has been suspended. Click here.
DCSS link for Fatherhood Program
The Fatherhood Program focuses on helping noncustodial parents get jobs if that is an issue behind child support arrearages. The program is available to NCPs that have lost a job or had a substantial decrease in income. The NCP is not required to have developed arrearages. DCSS actually states that it prefers NCPs to take advantage of services before arrearages accrue. Click here to go to the web page for the Fatherhood Program.
Click here for information on the Fatherhood Program.
Frequently Asked Questions and Background Information on Child Support and Modifications
General Concepts for Child Support in Georgia
A document that answers many questions about child support determination has been prepared by Rogers Economics, which specializes in child support issues.
Included are basic facts on the child support guidelines, quotes and explanations on key sections on Georgia child support code.
To go to the web page, click here.
To download the pdf file for the FAQ, click here.
Modification Issues for Child Support in Georgia
Understanding the child support guidelines code sections are key when petitioning for a modification of child support. The document in the below link addresses timing issues (does the two year waiting period apply), what is a material change, how a loss of 25 percent in income is a special circumstance with special relief (stoppage of arrearages at the date of serving the petition on the other party), and generalities about modification procedure.
To download the pdf file on modification issues, click here.
Feel free to contact us at AffordableChildSupport.com if you feel further explanation would be helpful for these pages on modification. Email firstname.lastname@example.org or call 678-364-9105.