Child Support Modification Attorney in Johns Creek & North Atlanta

Georgia’s child support calculation starts with both parents’ gross incomes. Wages, salary, self-employment income, bonuses, commissions, rental income, investment income, and most other sources of income are included. The combined income is applied to a statutory schedule that produces a basic child support obligation, which is then allocated between the parents based on their share of combined income.

Adjustments to the basic obligation include health insurance premiums paid for the child, work-related childcare costs, and the parenting time arrangement. The non-custodial parent’s calculated obligation is the support amount the court orders.

For salaried W-2 employees, the income calculation is generally straightforward. For self-employed parents, business owners, parents with commission-based compensation, and parents with variable income, the calculation becomes more complex. Documenting the right income figure, and challenging the other parent’s claimed income when necessary, is where contested support modifications are won or lost.

Georgia courts can modify child support based on a material change in circumstances, including significant income changes, job loss, changes in custody or parenting time, or changes in the child’s needs. A material change in circumstances is the standard used because it reflects the actual impact on the family’s financial situation.

Significant job loss or involuntary income reduction. A layoff, business closure, demotion, or documented health issue affecting earning capacity all qualify when the reduction is genuine and substantial. Voluntary income reductions, where a parent quits a job or reduces hours to lower support, do not.

Substantial raise, promotion, or new income source. When the paying parent’s income increases significantly, the receiving parent can petition for an increase in support to reflect the new income figure.

Meaningful change in the custody or parenting time schedule. Georgia’s statewide formula accounts for parenting time. A shift in the parenting schedule that meaningfully changes how much time the child spends with each parent changes the support calculation.

The child’s ongoing medical needs creating new expenses. When a child develops a medical condition requiring sustained treatment, support can be modified to address the additional costs.

Changes in work-related childcare costs. Increases or decreases in childcare expenses that are work-related can support a modification.

Changes in health insurance coverage for the child. When health insurance arrangements change, the support calculation changes.

One of the most important rules in Georgia family law: you cannot stop paying child support while a modification petition is pending. If you lose your job or experience a significant income reduction, file the modification petition immediately. Until the court enters a new order, the existing obligation continues to accrue. Back child support carries interest at 7 percent annually. Waiting costs money in a way that cannot be recovered.

Modification orders apply going forward from the date of the new ruling, not back to when circumstances changed. A parent who stops paying in anticipation of a modification still owes the full amount under the existing order. The new order takes effect when entered, not when the income change occurred.

Call (470) 560-7798 the day your qualifying circumstances arise. Every month you wait is another month the old obligation accrues, often with interest, and another month before the new order can take effect.

For parents with business income, commission-based compensation, or fluctuating earnings, calculating income for modification purposes requires careful analysis. Courts impute income to parents who voluntarily reduce their earnings to decrease support obligations.

If your co-parent is hiding income or suppressing earnings to avoid a support increase, discovery can uncover it. Bank records, tax returns, business financials, lifestyle evidence, and cash flow analysis all contribute to documenting actual income versus reported income. The court can impute income based on earning capacity, historical earnings, and the parent’s actual lifestyle.

Attorney Kevin Markes handles contested support modifications involving disputed income with the preparation rigor of his former criminal trial background. Methodical documentation, careful cross-examination, and clear presentation of financial evidence drive these outcomes.

Find Out What Child Support Should Be Under Your Current Circumstances

We calculate the child support figure for your situation during the free consultation so you know what a modification would produce before deciding whether to file.

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If you have been served with a child support modification petition, the other parent is asking the court to change your support obligation. You have 30 days from service to file your Answer.

The petitioner carries the burden of proving a substantial change. Common defenses in child support modification cases: the claimed change does not constitute a material change in circumstances, the claimed income change is voluntary or manufactured, the petitioner’s calculation of either parent’s income is inaccurate, or the modification fails to reflect actual parenting time.

For parents whose income includes business compensation, deferred compensation, or non-traditional sources, defending against an inflated income calculation requires the same kind of financial documentation that supports a petition. Bank records, tax returns, business statements, and clear income documentation are essential.

Tannen Law Group represents parents on both sides of child support modifications. We assess the petitioner’s calculation, challenge unsupported income claims, and present accurate financial documentation that produces the right outcome.

A modification petition is not the right tool when the existing support is simply not being paid. That situation calls for a contempt action, not a modification. Contempt addresses past violations and imposes penalties. Modification changes the obligation going forward.

If the other parent is both behind on payments and disputing the amount owed, both actions can be filed together. We assess the right approach during the free consultation.

Read more about contempt and enforcement

Step 1: Pre-filing income calculation. Before filing, we calculate what the new support figure would be under current circumstances. If the calculation reflects a material change in circumstances, the modification meets the legal standard.

Step 2: Filing the petition. The petition is filed in the Superior Court of the county where the other party lives. It identifies the original order, the changed circumstances, and the requested new support amount.

Step 3: Service and response. The other party is served and has 30 days to respond. If they do not contest, the case can resolve quickly. If they contest, the case proceeds toward mediation and potentially a hearing.

Step 4: Discovery. In contested cases involving disputed income, business ownership, or hidden compensation, discovery may be necessary. Bank records, tax returns, employment records, and business financials are exchanged.

Step 5: Mediation or hearing. Most contested modifications attempt mediation before a hearing. If mediation produces agreement, the court reviews and approves the new order. If mediation fails, the judge hears testimony and evidence and issues a ruling.

Attorney David Tannen has handled child support modifications in Fulton, Gwinnett, and Forsyth County courts since 2002, including cases involving job loss, business ownership, hidden income, and significant parenting time changes.

Attorney Kevin Markes handles contested support modifications where the income calculation is disputed, where one parent is suspected of suppressing earnings, or where business and self-employment income require forensic analysis.

Director of Client Relations Melissa Barker manages client communication throughout the modification process. When a case takes months to resolve, consistent communication about case status, deadlines, and next steps matters.

Contact Tannen Law Group