Question:
My question relates to child support.
I have a child from a previous marriage that I’m currently paying support for. I recently got married and we are expecting another child shortly.
Can I request a child support modification because I will have another child to support?
Answer:
I am only licensed to practice law in Georgia, thus I can only provide you with some general divorce help for men regarding the child support laws you present in your question.
In Georgia where I practice, having another child is typically not grounds for a downward modification of child support. There are provisions in the child support statute which provide for a consideration of additional children born subsequent to the initial order.
The court could make a finding that you have less available income as a result of the additional child.
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However, I would not recommend filing for a modification of child support on that factor alone. You would first need to show a substantial change in your income or the other party’s income.
Again, I am unable to provide you with legal advice on divorce and this should not be construed as an attorney-client relationship. Consult with a local mens divorce attorney for specific divorce advice about the child support laws in your jurisdiction.
To schedule an appointment with a Cordell & Cordell mens divorce lawyer, including Kevin Mammola, an attorney in the Atlanta, Georgia, office of Cordell & Cordell, please contact Cordell & Cordell.