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Would the court typically approve a modification to lower Child Support if a career change was previously discussed?
Anonymous5 views3 answers
If there were multiple discussions/plans between the married couple (before divorce) of a career change that would significantly lower (by 60-70%) the income of the (now) noncustodial parent - even if it came down to utilizing a lie detector to prove that such discussions happened - would the court typically be ok with the modification to lower Child Support? The reasoning (when married) was to lower the amount of work-related stress on the (now) noncustodial parent.
Merely because of a change of employment status and/or employer the court is not likely going to approve a modification of child support, unless that change is substantial enough to affect the income the child support calculation is based on and whether there would still be sufficient child support being paid to not leave the child destitute. Also, any child support calculations have to be determined with the Child Support Calculator form created by Georgia.
Excellent question. Certain fact-specific questions matter significantly. How specific were the plans that were discussed when married? How long has it been since the divorce? Is the new employment similar to what was discussed when the parties were married? The case will ultimately come down to credibility. How well you testify and explain your change of circumstances will be critical. The answers to these questions will influence your outcome. If the employment change has been made and if parenting time is being exercised by the non-custodial parent, then the non-custodial parent needs sufficient cash flow to provide for the best interests of the child or children, too. That should be kept in mind.
A petition for modification of child support can be brought anytime there has been a significant change in the income of either party or the needs of the child. Where one parent has voluntarily accepted lower income, the court will definitely want to know the reasons. Evidence of the pre-divorce discussion will certainly help the NCP's case, but may or may not be enough to convince the court that he or she is not deliberately under employed. If the court determines that the NCP is deliberately under-employed, it can impute income at the former level and use that to calculate child support. If NCP has stress related health problems, he or she should be prepared to produce evidence of that as well. I advice at least consulting with an attorney before making such a career change.
