Either parent may file a petition or motion to modify a child support order—upward or downward—but usually only when there is a substantial change in the child’s needs, or in one or both of the parents’ incomes or net resources, that justifies the court revisiting and possibly modifying the earlier child support order.
The petition or motion to modify child support generally must be filed in the same court that issued the original or most recent child support order. But if the child lives in a different county or state, the courts of the county or state where the child lives may be the proper place to file a petition or motion to modify a child support order.
In Georgia, either parent has the right to request a modification of a child support order. This can be done by filing a petition or motion to modify the order either upward or downward. However, the court will only consider such a request if there has been a substantial change in circumstances. This change could be related to the child's needs or a significant change in the income or financial resources of either parent. The standard for what constitutes a 'substantial change' is generally a significant deviation from the current support order, often quantified as a 15% change in income. The petition or motion to modify the child support must typically be filed in the court that issued the original or most recent order. However, if the child has since moved to a different county or state, the modification request may need to be filed in the jurisdiction where the child currently resides. It's important to note that the process and requirements for modifying child support can be complex, and an attorney can provide guidance specific to the individual case.