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Modification of Custody & Support Archives

Divorce agreements could change depending on circumstances

Anyone who has been through a divorce knows that life does not always move in a straight line. Sometimes there are bumps in the road, and things can change faster than you may think possible, leaving you in a strange place with few options moving forward. No matter how hard you try, you cannot predict the future, which can seriously jeopardize your divorce agreement.

Changing circumstances could affect your divorce agreement

One of the main reasons that people stress the most about their divorce case is because they are afraid the final decision will bear consequences that they will have to endure for the rest of their lives. While this may be true in some cases, it is not true in all cases. Both parties must adhere to the terms of their divorce settlement, but some of those terms are subject to change, namely child custody and child support.

I can no longer make my child support payments. What should I do?

Child support orders are made based on a number of factors affecting the lives of a divorced couple. Both parties may not always believe that the child support order is fair, but it is ultimately up to the discretion of the court in most of these cases, and the courts tend to do what they believe is best for the child. At the same time, it’s important to remember that the order is determined based on factors at the time of divorce, meaning that the support order, much like the factors of life, is subject to change.

Your divorce agreement is not final

One of the most frightening thoughts about a divorce is how the final decision could affect the rest of your life, from how involved you are with your child’s life to how much money you can call your own. It can be a serious blow to learn that your child custody agreement only lets you see your child every other week, or that a chunk of your money will go to your former spouse. Fortunately, the court’s final decision about your divorce agreement is not actually final. It can be changed in the future if circumstances allow.

Child support orders are not permanent

If you have a child, reaching a settlement in your divorce can fill you with very mixed emotions. On the one hand, your marriage is over and you can move on with your life, but on the other hand, child support terms have just been set that will affect you for the rest of your life. If you feel that those terms are unfair to you, or that they may one day become unfair, the prospect could seem even more daunting. What you should know is that there will always be arrangements following your divorce, but the terms of these arrangements are subject to change.

Changing circumstances can lead to modified child support

Despite what some people may believe about family law matters such as prenuptial agreements or divorce settlements, the ultimate goal is to be as fair as possible to all parties involved. If you feel you’re paying far too much in child support and the situation is truly unfair, an agreement can be revisited to correct the inequity.

When extreme situations call for a change in child custody

In child custody disputes involving parents who both seek physical custody, one of the basic questions the court will ask regards the parents' ability to provide shelter, food and clothing for the child or children. Issues become more complex when questions arise as to whether a parent's behavior might be detrimental to the kids. If there is dispute over this matter, then each parent may have to provide proof to challenge the other's claims.

Divorce can put you on the road to happiness

Divorce can be a frightening prospect, particularly for couples who have been married for a long time. Even if you become unhappy in your marriage, the routine of it all can feel comfortable and safe. You may find yourself thinking that perhaps the known evils of an unhappy marriage are preferable to the unknown possibilities of a post-divorce life. Georgia residents should know that they aren't alone, and there are plenty of places for you to find comfort and support to help you make the right decision.

Bill proposes limits on child support payments for wealthy dads

The state of Georgia considers the best interests of the child when it determines custody and the amount of support that the non-custodial parent would have to pay. If the father is responsible for child support payments as determined by the court, the father's rights are usually taken into consideration, as computation of child support payments depends on the father's income and properties. This can be interpreted as the better off the father is, the higher the child support that he has to pay.

Is child support adjusted if a spouse's job situation changes?

There are a lot of financial things that need to be sorted out when it comes to filing for divorce. Aside from dividing assets, couples with children also have to determine who will pay child support as well. This can get difficult though if a spouse doesn’t have a job at the time of a divorce or loses their job unexpectedly after support payments have already been established. And with financial stability always in the back of many divorcing couples’ minds, it’s worth asking if a change in a job situation can change child support payments down the road.

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William C. Gentry, Attorney at Law
506 Roswell Street SE
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Marietta, GA 30060

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