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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.

The answer to this question is yes. Georgia family law recognizes the fact that things can change after signing divorce papers and that modifications may be necessary. Because child support payments are calculated based on gross income, sustaining the amount determined at the beginning of a divorce can become incredibly difficult if the noncustodial parent loses their job. The adverse can be true too if the noncustodial parent gets a better job or receives a raise, the custodial parent may feel that the amount is not adequate anymore.

Whether there is a loss of job or an improvement in income, a child support modification can be sought through the courts.  The important part is that the new child support amount accurately reflects the new situation, especially if payment amounts could negatively impact the financial stability of either spouse.  This can be done with or without the help of legal representation, though having knowledgeable representation on hand to answer any legal questions can ensure that this is done as fairly and correctly as possible.

Source: FindLaw.com, "Child Support Modification"

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William C. Gentry, Attorney at Law

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William C. Gentry, Attorney at Law
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Marietta, GA 30060

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