Child Support Modification
In order to state a claim for modification of alimony or child support payments, the petition must show the following:
– That the final order or decree was previously entered awarding permanent child support payable to or by the petitioner, or that a final order was previously entered awarding no child support;
– That the child support is payable in weekly, monthly, or some other periodic installment;
– That there has been the required change in condition, as mandated by O.C.G.A. §§ 19-6-19 and 19-6-18;
– That the alleged change in condition occurred between the date the original order or decree was entered and the date the petition for modification is filed. In situations where a prior modification action was filed and fully adjudicated, the change in condition must occur between the date of the order on the prior modification claim and the date the current petition for modification is filed;
– That the petition for modification is not being filed within a two year period from the date of a final order on a previous modification action filed by the same parent. This two year limitation does not apply if the modification action is being filed to modify the initial judgment and decree concerning child support.
See O.C.G.A. §§ 19-6-18, 19-6-19 and 19-6-21. See also Holland v. Holland, 222 Ga. 467 (1966), McClinton v. McClinton, 217 Ga. 283 (1961), Thorp v. Thorp, 258 Ga. 220 (1988).
Note – The petitioner has the burden of proving a substantial increase or decrease in the income of the other party.