Georgia Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support

• Category: Family Law - Divorce - Child Support - Modifications
• State: Multi-State
• Control #: US-00799BG
• Format: Word; Rich Text

Description

A decree for child support is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a petition to modify an order for child support on the same set of facts that existed when the original order was made. To justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.

Georgia Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support: A Comprehensive Guide In the state of Georgia, when a divorce involves child support, either party can file a motion to modify or amend the divorce decree to request a decrease in the amount of child support payments. This motion can be filed by either the paying parent or the custodial parent, and it is necessary to demonstrate a substantial change in circumstances that justifies a decrease in the amount of child support. A Georgia motion to modify or amend a divorce decree to provide for a decrease in child support is a legal document that must be filed with the court. The following are some relevant keywords associated with this process: 1. Georgia divorce decree: A formal court order that outlines the terms and conditions of a divorce, including child support obligations. 2. Motion: A written request submitted to the court, requesting a change in the divorce decree. 3. Modify: To make changes or alterations to the existing divorce decree. 4. Amend: To formally revise or modify the terms of the divorce decree. 5. Child support: Financial support paid by one parent to the other for the upbringing and well-being of their child(men). 6. Decrease: To reduce the amount of child support payments. 7. Substantial change in circumstances: A significant change that affects the financial ability of the paying parent to meet their child support obligations or the needs of the child. Different types of Georgia motions to modify or amend divorce decrees to decrease child support include: a) Income decrease motion: When the paying parent experiences a significant decrease in their income, possibly due to job loss, demotion, or reduced work hours, they can file this motion to seek a decrease in child support payments. b) Custody change motion: If there has been a change in custody arrangements, with the paying parent now having more parenting time than before, they can file this type of motion to request a reduction in child support. c) Change in child's needs motion: If there has been a substantial change in the child's needs, such as significant medical expenses or educational costs, the paying parent can file this motion to seek a decrease in child support payments. To initiate the process, the party seeking the modification must file a formal motion with the court that issued the original divorce decree. It is crucial to provide compelling evidence and documentation supporting the claimed change in circumstances and the need for a decrease in child support. Once the motion is filed, the court will review the case and schedule a hearing. During the hearing, both parties will have an opportunity to present their arguments and provide evidence to support their respective positions. The court will then make a decision based on the best interests of the child and the presented evidence. In conclusion, a Georgia motion to modify or amend a divorce decree to provide for a decrease in child support is a legal process that requires demonstrating a substantial change in circumstances. By understanding the relevant keywords and different types of motions, individuals can navigate this process effectively and seek a fair adjustment to their child support obligations.