Modification

Modification of Custody, Visitation, Child Support, and Alimony

Modification of Custody & Visitation

A modification of custody requires a showing by the non-custodial parent that there has been a material change of circumstances affecting the welfare of the child since the last order, and that it is in the child’s “best interest” for the non-custodial parent to be awarded custody. A non-custodial parent’s visitation or the parenting plan may be changed at any time the parent requesting the change can make the same “material change of circumstances” showing mentioned before. A non-custodial parent’s visitation or the parenting plan may also be change once in every 2 year period since the filing of the last order.

Relocation of a parent, alienation, abuse and neglect, substance abuse, and the child attaining the age of 14 and expressing an election for the non-custodial parent, ┬áhave all been designated by the courts as “material changes of circumstance” warranting an examination by the court of the best interest of the child and the custody/visitation arrangement. Danielle Mays has experience litigating all of the above issues and knows how to effectively navigate these serious cases.

Modification of Child Support

After an award of child support, the child support amount cannot be modified unless there is a substantial change of circumstances in the financial situation of the parties or in the needs of the child since the last support award.

Health insurance, extracurricular and school expenses, other qualified children in the home, extraordinary medical needs, and other situations must be considered in calculating the child support award. A party’s financial situation can be complex. Danielle Mays is experienced in investigating and evaluating the parties’ individual finances and calculating the non-custodial party’s child support obligation using the Georgia Child Support Guidelines and Worksheet.

Modification of Alimony

An alimony award may not always be modified. Whether or not an alimony award may be modified depends on the alimony clause in the settlement agreement or court order. Since alimony may be modified only on a case-by-case basis, schedule an initial consultation with Danielle Mays to determine your rights.