Child Support Modification - Georgia

IN THE SUPERIOR COURT OF [COUNTY] COUNTY

STATE OF GEORGIA

Civil Action File No. [____________]

PETITION FOR MODIFICATION OF CHILD SUPPORT

Petitioner [NAME] petitions to modify the child support award identified below under O.C.G.A. § 19-6-15(k). Petitioner states:

1. Parties, order, and jurisdiction

1. Petitioner resides at [ADDRESS OR PROTECTED ADDRESS PROCEDURE]. Respondent resides at [ADDRESS, COUNTY, STATE]. Respondent's county of residence for filing purposes is [COUNTY].
2. On [__/__/____], the [COURT AND COUNTY] entered a child support order in Case No. [____] requiring [PARENT] to pay $[____] [per month/other period] for [CHILDREN IDENTIFIED AS COURT RULES PERMIT]. A copy is attached as Exhibit A.
3. The last final order on a previous petition to modify filed by this Petitioner was entered on [DATE, OR “NONE”]. Identify any other pending support proceeding or out-of-state order: [DETAILS OR “NONE”].
4. This Court has authority to consider modification because [IDENTIFY GEORGIA ORDER, EACH CHILD'S AND PARTY'S CURRENT STATE OF RESIDENCE, AND ANY NECESSARY JURISDICTIONAL FACTS]. See O.C.G.A. § 19-6-26. If the order was issued outside Georgia, obtain a separate jurisdictional review before filing.

2. Statutory grounds

5. Since the existing award, there has been a substantial change in [PARENT'S INCOME AND FINANCIAL STATUS / CHILD'S NEEDS]: [DESCRIBE THE OLD FACTS, NEW FACTS, DATES, AND DOCUMENTS]. O.C.G.A. § 19-6-15(k)(1).
6. The two-year restriction measured from the final order on a prior modification petition by the same parent [DOES NOT APPLY BECAUSE MORE THAN TWO YEARS HAVE ELAPSED / IS SATISFIED BY THE FOLLOWING STATUTORY EXCEPTION]. If invoking an exception, identify the facts: [NONCUSTODIAL PARENT FAILED TO EXERCISE ORDERED PARENTING TIME / EXERCISED MORE THAN ORDERED / INVOLUNTARY INCOME LOSS UNDER § 19-6-15(j), WITH DATES AND PROOF]. O.C.G.A. § 19-6-15(k)(2).
7. Modification is in the child's best interest because [SPECIFIC FACTS ABOUT CURRENT RESOURCES AND NEEDS]. See O.C.G.A. § 19-6-15(k)(4).

3. Guideline calculation and supporting papers

8. Petitioner's proposed child support amount is $[____] [per month/other period], compared with the existing $[____]. The attached proposed Georgia Child Support Commission worksheet and schedules show the income, parenting time, health insurance, child care, and any requested deviations used to reach that amount. O.C.G.A. § 19-6-15(m).
9. Petitioner's Domestic Relations Financial Affidavit is attached or filed as required by Uniform Superior Court Rule 24.2. Current known gross monthly income of Petitioner: $[____]; of Respondent: $[____]. State the source and date for each figure, and identify any information requested but not yet available: [DETAILS].
10. [IF A DEVIATION IS REQUESTED: The presumptive worksheet amount is $[____]. The requested award is $[____]. The deviation and supporting facts are [DETAILS].]
11. [IF RELEVANT: The requested change in health coverage or other child-related expenses is [DETAILS].] This petition concerns support; any request to change custody or parenting time must be pleaded and supported through the applicable separate process.

4. Relief requested

Petitioner asks the Court to:

1. Hear the petition after notice to Respondent and determine whether the change is proven and modification serves the child's best interest under O.C.G.A. § 19-6-15(k)(4);
2. Set child support at $[____] [per month/other period] from the legally permissible effective date the Court determines, with the required guideline findings and worksheet and schedules attached to the final order;
3. [IF REQUESTED AND SUPPORTED: Enter a temporary modification pending final trial under O.C.G.A. § 19-6-15(k)(4), on the following facts: ____;]
4. [IF REQUESTED: Award attorney's fees, costs, and litigation expenses as the interests of justice require under O.C.G.A. § 19-6-15(k)(5), on the following facts: ____;] and
5. Grant other relief supported by the evidence and law: [SPECIFY].

Petitioner does not ask this petition to erase installments already past due. See the Georgia Division of Child Support Services' current review guidance.

[OPTIONAL JURY DEMAND: Petitioner demands a jury on the issues allowed by O.C.G.A. § 19-6-15(k)(4): a parent's gross income and any deviations. The Court determines the remaining issues.]

Date: [__/__/____]

Signature: ______________________________
[PETITIONER OR ATTORNEY NAME]
[GEORGIA BAR NUMBER, IF APPLICABLE]
[ADDRESS]
[PHONE]
[EMAIL]

Verification

I, [PETITIONER NAME], being duly sworn, state that the factual allegations in this petition are true to the best of my personal knowledge, information, and belief.

Petitioner signature: ______________________________
Date: [__/__/____]

Sworn to and subscribed before me on [__/__/____].

Notary public signature: ______________________________
Commission expires: [DATE]
[SEAL]

Attachments: Exhibit A (existing support order); proposed worksheet and schedules; Domestic Relations Financial Affidavit; [OTHER EVIDENCE]. Provide the clerk with the materials required to issue a summons and arrange service under the applicable rules.