Child support is essential to ensure a child’s basic needs are met. However, an order that was put into place at the time of divorce or when the custody arrangement was first determined may no longer be sufficient as time goes by. Under Georgia law, a child support order can be changed under certain circumstances. Whether you are the parent paying or receiving child support, it’s important to understand what a child support modification is, and how to obtain one if necessary.

Key Takeaways

What is a Child Support Modification?

While the parent obligated to make child support payments must follow the court order that is in place, child support isn’t always set in stone. Georgia law recognizes that there are certain circumstances that might warrant changing the amount of child support. A child’s needs may change or a parent may lose their job due to no fault of their own. Either parent may request an upward or downward modification if specific criteria are met.

Georgia’s Two Year Rule for Child Support Modifications

Under Georgia law, a parent must generally wait until two years has passed from the entry of the prior support order to request a child support modification. This is often referred to as the “two-year rule.” However, there is an exception for cases involving substantial changes in circumstances. In such cases, a petition for a modification may be filed outside of the two-year time frame.

What are the Grounds for a Child Support Modification in Georgia?

To request a child support modification in Georgia before two years has passed since the previous order was issued, the petitioning parent must show a substantial change in financial circumstances or the child’s needs. Specifically, a substantial change can include the following situations:

• Involuntary job loss or an involuntary reduction in hours
• Significant shifts in a party’s income
• Cost of living increases and inflation
• Increased expenses related to the child’s needs, such as increased medical costs, childcare, or education
• Health issues for the parent or child
• Chronic failure of a parent to abide by the current order

A child support order can also be modified if there are changes in the custody situation to ensure the support order is aligned with the new living arrangements. As of January 1, 2026, the discretionary “parenting time deviation” is no longer applicable and has been replaced by a mandatory “parenting time adjustment,” which courts must apply when determining child support calculations. This adjustment can reduce the noncustodial parent’s support obligation based on the number of court-ordered overnights.

Importantly, modifications are not retroactive to the date of the change that prompted the modification. They only apply from the date the modification was initially filed.

What is the Process to Obtain a Child Support Modification?

Parents can agree to change the child support obligation outside of court using mediation, negotiation, or the collaborative process. But even if an agreement is reached using alternative dispute resolution, the modification must still be submitted to a judge to become a legally binding order. Verbal or informal agreements that have not been signed by a judge cannot be enforced by a court.

If the issue cannot be resolved out of the courtroom, a parent may file a petition with the court, asking a judge to determine the outcome. After the petition has been filed with the court, the other parent must be served with it and a hearing will be scheduled. At the hearing, the petitioning parent should be prepared to show evidence that demonstrates the substantial change in circumstances, such as proof of income, pay stubs, tax returns, and proof of payment for child-related expenses. Notably, the parent obligated to pay child support must continue paying in accordance with the order that is currently in place, until the judge issues a new order.

A parent may also have the option to request a review from the Georgia Division of Child Support Services (DCSS) if the case is simple or it has been three years since the last order was issued. However, if the case involves complex assets, self-employment income, or disputes over financial disclosure, it’s best to go through the court process. By filing a petition for a child support modification in court, the parties have access to the formal discovery process and can take interrogatories or depositions to learn more about the other side’s financial situation. In addition, since DCSS cannot address issues regarding child custody or visitation, modifications based on these matters are best resolved in the courtroom.

Contact an Experienced Georgia Child Support Attorney

If you are considering petitioning for a child support modification in Georgia, it’s essential to have the representation of a knowledgeable family law attorney who can guide you through the process. At NVP Family Law, we are dedicated to providing our clients with compassionate counsel and reliable representation for divorce and a broad range of family law matters. We welcome you to contact us for a consultation online or by calling 470-314-0253 to learn how we can help.