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.
A divorce agreement is made based on the circumstances of all the parties involved at the time of the divorce. This means that the amount one party pays in child support or the amount of parenting time each parent gets is based on the lifestyles that these parties live when the divorce is happening: things like income, location of residence and other such factors. Of course these factors may change somewhere down the line, and if these changing circumstances affect your ability to meet the demands of your divorce agreement, such as paying child support, you could have the agreement modified.
Ensuring that a child’s future is safeguarded is one of the most important parts of any divorce settlement. The custody arrangements are always handled with the child’s best interests in mind, and while the interests of the child may not change, your ability to care for those interests might. For example, if you are making $50,000 a year at the time of a divorce, you will likely have to pay a portion of that income in child support, assuming you do not have physical custody. If your employment is suddenly terminated, obviously your ability to pay a chunk of money and maintain your standard of living will be greatly diminished.
Fortunately, Georgia law takes these changing circumstances into consideration. If you can prove before the courts that your circumstances have changed significantly and altered the feasibility of your divorce agreement, you could have the child custody and/or child support order modified.