Contact the Georgia Child Support Enforcement Office. They will conduct a review of your child support obligation and obtain a modification based upon your gross income. If you make $1000 or more per month, you will be required to pay a fee of $100. To facilitate and expedite the matter, you will need to provide all of your financial information.
To prove that you are not underemployed and that your income was overstated in the original divorce papers, provide the CSE office with your income tax returns for the last four years. If things are as dire as you state, the faster you act and provide the information, the sooner the CSE office can act to review the order and have it modified. If you drag your feet, it could take 6 months or more to accomplish your goal.
Georgia Child Support Enforcement Office
REQUESTING A REVIEW OF YOUR SUPPORT ORDER
The Georgia Office of Child Support Enforcement (OCSE) provides child support services that include reviewing a child support order and support amount.
When you ask us to review your order, the agency will determine whether a Recommendation will be made as to the amount of current support. The amount may go up, go down
, or stay the same.
Past due support is not changed. We may also make a Recommendation to order accident and sickness insurance.
When reviewing and changing the support amount
, we can not address visitation and custody issues. You must talk to a private attorney about these issues. Note: Since the OCSE attorney does not represent either parent, you may choose to get your own attorney, or you may represent yourself.
§ The person requesting a review will have to pay a $100 non-refundable review application fee, unless they can prove their gross income is $1000.00 or less per month.
§ When a review is requested, it may take up to six months to complete the process.
The length of time varies depending upon how difficult it is to locate a necessary party, verify income or assets, obtain service upon both parties, etc.
§ If another state is involved, it may take longer to complete the process. Another state may be involved if the order was entered in another state or if one of the parents lives in another state.
To obtain more information about the requirements for a review of your child support order, click on the underlined links below:
If your support order was issued or reviewed less than 36 months ago <Court order less than 36 months old.doc>, click on this link.
If your support order was issued or reviewed more than 36 months ago <Court order more than 36 months old.doc>, click on this link.
Georgia Code Annotated:
b) The child support award shall be computed as provided in this
(1) Computation of child support shall be based upon gross income
(2) For the purpose of determining the obligor's child support
obligation, gross income shall include 100 percent of wage and
salary income and other compensation for personal services,
interest, dividends, net rental income, self-employment income,
and all other income, except need-based public assistance;
(3) The earning capacity of an asset of a party available for
child support may be used in determining gross income. The
reasonable earning potential of an asset may be determined by
multiplying its equity by a reasonable rate of interest. The
amount generated by that calculation should be added to the
obligor's gross monthly income;
(4) Allowable expenses deducted to calculate self-employment
income that personally benefit the obligor, or economic in-kind
benefits received by an employed obligor, may be included in
calculating the obligor's gross monthly income; and
(5) The amount of the obligor's child support obligation shall be
determined by multiplying the obligor's gross income per pay
period by a percentage based on the number of children for whom
child support is being determined. The applicable percentages of
gross income to be considered by the trier of fact are:
Children Percentage Range of Gross Income
1 17 percent to 23 percent
2 23 percent to 28 percent
3 25 percent to 32 percent
4 29 percent to 35 percent
5 or more 31 percent to 37 percent
Application of these guidelines shall create a rebuttable
presumption that the amount of the support awarded is the correct
amount of support to be awarded.