In a child support modification motion, is there a motion for a bench rather than a jury trial?

Georgia's Constitution does not confer a fundamental right to a trial by jury in all cases, but where the right exists, it is inviolate. The right to a jury trial exists only in cases in which there existed a right to a jury trial at common law or by statute at the time of the adoption of the Georgia Constitution in 1798. In a modification of child support action, each party has the right to demand a trial by jury; however, he jury is authorized to determine the income of the parties and any appropriate deviations from the presumptive child support amount. The trial judge may modify the prior judgment, in accordance with the changed circumstances - whether in the income and financial status of either parent, or in the needs of the child, if such change warrants the modification and are in the child's best interest.

While you can file a motion requesting a bench trial rather than jury, your motion would not be granted. Thus, there may be no benefit for doing so. While jury trials are not common in modification cases, once a request for a jury trial is made it must (by law) be granted. The burden for proving your case remains the same regardless of whether it is being presented to a judge or a jury. You must show that your job loss was involuntary. Good luck to you. I hope this information helps answer your question(s). ~ Kem Eyo