Occasionally the party paying child support suffers an income loss or worse suffers a job loss or unemployment through no fault of his or her own. If that happens, you must seek to modify your prior obligation. it is important to contact a qualified lawyer to prepare and file and action for modification of child support.
O.C.G.A. § 19-6-15(j) states the following:
“(1) In the event a parent suffers an involuntary termination of employment, has an extended involuntary loss of average weekly hours, is involved in an organized strike, incurs a loss of health, or similar involuntary adversity resulting in a loss of income of 25 percent or more, then the portion of child support attributable to lost income shall not accrue from the date of the service of the petition for modification, provided that service is made on the other parent. It shall not be considered an involuntary termination of employment if the parent has left the employer without good cause in connection with the parent’s most recent work.
(2) In the event a modification action is filed pursuant to this subsection, the court shall make every effort to expedite hearing such action.
(3) The court may, at its discretion, phase in the new child support award over a period of up to one year with the phasing in being largely evenly distributed with at least an initial immediate adjustment of not less than 25 percent of the difference and at least one intermediate adjustment prior to the final adjustment at the end of the phase-in period.”
Act quickly in the event of a job loss or income reduction. We serve clients in Roswell, Alpharetta, Atlanta, and throughout Georgia. Contact attorney Tommy Lee Maddox to discuss your legal options.