INSTRUCTIONS ON HOW TO MODIFY CHILD SUPPORT

A modification of child support is allowed if the parties can show a change in income or financial status.

If the parties agreed on child support in their Divorce Settlement Agreement, they may modify the terms of the

Agreement. The Department of Human Services has the power to periodically review and modify child support

orders which were Agency decisions, but it cannot modify ones made by court order. You may only file for

modification if it has been at least 2 years since a judge signed an order for child support, unless your original

child support order has never been modified.

YOU MAY NEED AN ATTORNEY IF:

The case is contested and your opponent has a lawyer.

You cannot find your opponent to serve him or her with your papers.

You might lose custody of your children.

You think you will have difficulty getting information and documents from your ex-spouse regarding

income, retirement funds, etc.

The children and the custodial parent are not in Georgia.

STEPS:

1. Complete the Petition for Modification of Child Support

2. Complete the Verification form

3. Make a copy of the original Child Support Order

4. Complete and attach the Domestic Relations Financial Affidavit (DRFA)

5. Complete and attach the Child Support Worksheet, which you can find at

http://www.georgiacourts.org/csc/.

6. Make 2 copies of all forms.

7. Pay the filing fee (or file a Poverty Affidavit if you cannot afford it)

8. File the forms

9. Arrange for service of the forms to the opposing party if (s)he did not sign an Acknowledgment of

Service form

10. Request and appear at the scheduling conference or hearing

- If you are asking for a decrease in child support, bring your pay stubs for the last 3 months

- If you are asking for an increase in child support, you will need to call the Respondent as a

witness and ask questions about how much money (s)he has now compared to how much (s)he

had when the original order was issued.

- Bring Income Withholding for Support form (IWO) to the final hearing for judge to fill out.

PAYING THE FILING FEE:

Call or visit the website of the county’s Clerk’s Office to find out the fee for filing. You should take

cash or money orders for these amounts with you when you take your papers to file your case. If you have a

very low income, and feel that you cannot afford to pay these fees, you can ask the Court to waive the fees. To

do this, you should file the Affidavit of Indigence (also known as a Poverty Affidavit) with the other papers

when you file your divorce action at the Clerk’s office. A judge must sign the Order approving your Affidavit,

before the filing of your case will be completed by the Clerk’s office staff. If the judge signs the order of

approval, both the filing and service fees are waived. If the judge does not approve your Affidavit, you must pay

the fees before your case will proceed.

FILING YOUR CASE:

After you have completed, signed (in front of a notary, where applicable), copied and sorted all your

paperwork (and you have your filing and service fees ready, unless you are filing a Poverty), you are ready to

file your case. Take all 3 sets of forms (with the Court’s set on top), along with your cash or money orders, to

the Superior Court Clerk’s office. When it is your turn, give all 3 sets to the clerk. Tell the clerk if you and

Respondent have ever had any cases between you in the Superior Court, so that the case can be assigned

properly. If your paperwork is in order, the clerk will keep the originals for the Court’s file. The clerk will write

your case number on the top page of your set of copies, stamp them with the date & time stamp, and return them

to you. The last number in the case number shows you which judge has been assigned to the case. Keep these

for your records. Your case has now been filed. But, do not rush out of the Clerk's office yet. Unless you filed

an Acknowledgment of Service (the opposing party must sign it), you must also arrange for service. The second

set of copies will be used for service.

ARRANGING SERVICE:

You must serve the opposing party in one of the following ways:

1. If the opposing party will sign an Acknowledgment of Service form- Make two copies of the petition

(one for you and one for the opposing party). You must provide the opposing party with a copy of the

Petition and have him/her sign an Acknowledgment of Service form. He/she must do so before a notary.

By signing this form, the opposing party is letting the court know that he/she has received a copy of the

petition and therefore will not need to be served with a copy of the Petition by the Sheriff. You will then

file the Acknowledgment of Service with the original Petition in the Clerk’s office.

2. If the opposing party will not sign an Acknowledgment of Service form and he/she lives in the county

where the Petition has been filed- You will need the Sheriff of that county to serve the opposing party

with a copy of the Petition at his/her home. If you do not know the opposing party’s home address or

he/she is avoiding service at home, you can have the party served by the Sheriff at his/her work. Make

two copies of the Petition. You will need a Sheriff’s Entry of Service form as well as two copies of the

Summons form. You can get these forms in the Clerk’s office. Attach one summons form to the original

petition and the second summons form as well as the Sheriff’s Entry of Service to the service copy.

Bring both copies to the Clerk’s office. You will file the original copy, and you can then leave a service

copy of the papers with the clerk and pay the service fee at the clerk’s office. The sheriff will send you a

copy of the service sheet indicating the date he/she either served or attempted service on the opposing

side.

3. If the opposing party will not sign an Acknowledgment of Service form and he/she does not live in the

county where the petition has been filed- You will need the Sheriff of the county in which the opposing

party lives to serve the Petition. Contact the sheriff’s department in that county to find out which forms

and fees they require. File the original petition and summons with the Clerk’s office and ask for a copy

for Second Original Service.

This information is not intended to be a substitute for individual advice from an attorney. As

changes in the law occur, the information in this sheet may become outdated. You should be sure to

consult with an attorney to be sure that you are following the law correctly.

Prepared by the Atlanta Legal Aid Society, Inc.

SUPERIOR COURT OF _____________________________ COUNTY

STATE OF GEORGIA

_____________________________,

Petitioner, Civil Action

vs. Case Number ___________________________

_____________________________,

Respondent.

PETITION FOR MODIFICATION OF CHILD SUPPORT

My name is _______________________________________, and I am representing myself in this

modification petition. In support of my case, I state the following:

1. Jurisdiction and Venue

(Check a, b, c, or d)

Georgia has jurisdiction over the issue of custody as follows:

(a) □ The Respondent is a resident of ______________ County, Georgia and is subject to the jurisdiction

of this Court.

(b) □ The Respondent is a resident of __________________ County, Georgia, but I live in

_______________ County. The Respondent has acknowledged service of process and consented to the

jurisdiction and venue of this Court.

(c) □ The Respondent is not a resident of Georgia, but I am a resident of ______________ County,

Georgia, and:

[Check only one of the following, either (1) or (2).]

(1) □ The Respondent was formerly a resident of Georgia, but currently resides in the State of

____________________. The Respondent is subject to the jurisdiction of the Court under Georgia’s

Long Arm Statute, O.C.G.A. § 9-10-91(5).

(2) □ The Respondent has acknowledged service of process and consented

to the jurisdiction and venue of this Court.

(d) □ The Respondent is not a resident of Georgia, but this court has continuing, exclusive jurisdiction to

modify custody because a Georgia court has made a prior custody determination , and the children or a

party to that case lives in _________________ County, Georgia, O.C.G.A. § 19-9-62(a).

2. Service of Process: The Respondent shall be served as provided under O.C.G.A. § 9-11-4 in the following

manner:

(Check a or b)

(a) □ The Respondent has acknowledged service of process. I am filing the Acknowledgment of Service

(which has been signed by the Respondent) with this Petition.

(b) □ The Respondent may be served by the Sheriff’s Department at the Respondent’s □ home □ work address, which is:

____________________________________________________________________________________

___________________________________________________________.

(b-1) □ [Check only if the Respondent resides outside of _________County.] The Respondent

resides outside of _________ County, and shall therefore be served by second original, as

provided under OCGA § 9-10-72. Service shall be made by the Sheriff’s Department in the county where the Respondent resides.

3. Prior Child Support Order: On ______________________________, the ____________________ Court

of ____________________, County in the State of ____________________, Civil Action File Number

____________________ issued an order awarding child support to the □ Petitioner □ Respondent

_____________________ in the amount of $ ________ per _____________.

[Check all that apply.]

(a) □Since that date there has been a substantial change in the income or

financial status of the □Petitioner □ Respondent which □increases □ decreases his/her ability

to pay the amount of child support previously awarded. Specifically, at the time that the order was issued

the □ Petitioner □ Respondent was earning $_______________ per _______________ and his/her

earnings have □ increased □ decreased to _______________ per _______________.

(b) □Since that date there has been a substantial change in the income or financial status of the □

Petitioner □ Respondent which □increases □decreases his/her ability to provide for the minor child.

Specifically, at the time that the order was issued the □ Petitioner □Respondent was earning

$_______________ per ______________ and his/her earnings have □ increased □ decreased to

________________ per _______________.

(c) □Since that date there has been a substantial change in the needs of the

children as follows: _______________________________________________________

_______________________________________________________________________.

(d) □Since that date:

__________________________________________________________________________________________

_________________________________________________________________.

FOR THESE REASONS, I request:

[Check all that apply.]

(a) That the Order awarding child support be □increased □ decreased □ terminated;

(b) That a Rule Nisi be scheduled by the Court to decide on the relief I have requested;

(c) ____________________________________________________________________________________

___________________________________________________________;

(d) That the Court order the parties to participate in mediation to try to resolve this matter;

(e) That the Respondent be required to pay all costs of this action; and

(f) That the Court grant such other and further relief as it deems equitable and appropriate under the

circumstances.

This ___ day of ___________, ________.

Respectfully submitted,

___________________________________________________

Signature Pro Se

Name (print or type): _________________________________

Address: ___________________________________________

___________________________________________________

Telephone Number: (____)_____________________________

SUPERIOR COURT OF _____________________________ COUNTY

STATE OF GEORGIA

_____________________________,

Petitioner, Civil Action

vs. Case Number ___________________________

_____________________________,

Respondent.

VERIFICATION

My name is __________________________________. I hereby swear or affirm, before a notary public,

that I have read the following document:

_____________________________________________________________________________,which I am

filing in court with this Verification, and the facts stated in the document are true.

Dated: ____________________ ______________________________________

Petitioner Respondent,

Pro se (Check & sign)

Name: ________________________________

Address: ______________________________

______________________________

Phone: _________________________________

Subscribed and sworn before me on this ________day of ___________________, 20_____ .

_________________________________________

Notary Public

My commission expires: ____________________

SUPERIOR COURT OF _____________________________ COUNTY

STATE OF GEORGIA

_____________________________,

Petitioner, Civil Action

vs. Case Number ___________________________

_____________________________,

Respondent.

DOMESTIC RELATIONS FINANCIAL AFFIDAVIT

(1) Your Name:

Your Age:

Spouse’s Name:

Spouse’s Age:

Date of Marriage:

Date of Separation:

Names and birth dates of children for whom support is to be determined in this action:

Name

Date of Birth

Resides with

Names and birth dates of your other children:

Name

Date of Birth

Resides with

(2) SUMMARY OF YOUR INCOME AND NEEDS: (fill out this part after you complete pages 2-6)

(A) Gross Monthly Income (from Item 3A below)

(B) Net Monthly Income (from Item 3B below)

(C) Average Monthly Expenses (Item 5A below)

Monthly Payments to Creditors (Item 5B below)

Total Monthly Expenses & Payments to Creditors

(Item 5C below)

(3) (A) YOUR GROSS MONTHLY INCOME:(Complete this section or attach Child Support

Schedule A.

All income must be entered based on monthly average regardless of date of receipt.

Where applicable, income should be annualized.)

Salary or Wages — ATTACH COPIES OF 2

MOST RECENT WAGE

STATEMENTS

Commissions, Fees & Tips

Income from self-employment, partnership, close

corporations and independent contracts (gross

receipts minus ordinary and necessary expenses

required to produce income)

ATTACH SHEET ITEMIZING YOUR

CALCULATIONS

Rental income (gross receipts minus ordinary and

necessary expenses required to produce income)

ATTACH SHEET ITEMIZING YOUR

CALCULATIONS

Bonuses

Overtime Payments

Severance Pay

Recurring Income from Pensions or Retirement Plans

Interest and Dividends

Trust income

Income from Annuities

Capital Gains

Social Security Disability or Retirement Benefits

Worker’s Compensation Benefits

Unemployment Benefits

Judgments from Personal Injury or Other Civil Cases

Gifts (cash or other gifts that can be converted to

cash)

Prizes & Lottery Winnings

Alimony and maintenance from persons not in this

case

Assets which are used for support of family

Fringe Benefits (if significantly reduce living

expenses)

Any Other Income (Do not include means-tested

public assistance, such as TANF or food stamps.)

TOTAL Gross Monthly Income (also write in 2A

on page one)

(3)(B) Net Monthly Income From Employment (deducting only state and federal taxes and

FICA) (also write in 2B on page one)

Your Pay Period (i.e., monthly, weekly, etc.):

Number of Exemptions Claimed by

You for Tax Purposes:

(4) ASSETS

(List all assets here, including both non-marital and marital property. If you claim or agree

that all or part of an asset is non-marital, indicate the non-marital portion under the

appropriate spouse’s column and state the amount and the basis: pre-marital, gift,

inheritance, source of funds, etc. The total value of each asset must be listed in the "value"

column. "Value" means what you feel the item of property would be worth if it were offered

for sale.)

Description

Value

Separate

Asset of

Husband

Separate

Asset of

Wife

Basis of the Claim

(pre-marital, gift,

inheritance, etc.)

Cash

Stocks, Bonds

CD’s / Money Market Accounts

Bank Accounts (list each account below):

(1)

(2)

(3)

Retirement Pensions, 401(k), IRA or

Profit-Sharing

Money Owed to You (or Spouse)

Tax Refund Owed to You

Real Estate (list properties & mortgages):

Home

Debt owed on Home

Other Real Estate

Debt owed on Other Real Estate

Automobiles / Vehicles (list vehicles & amounts owed on each one):

(1)

Debt owed on Vehicle (1)

(2)

Debt owed on Vehicle (2)

(4) ASSETS (continued)

Description

Value

Separate

Asset of

Husband

Separate

Asset of

Wife

Basis of the Claim

(pre-marital, gift,

inheritance, etc.)

Life Insurance (net cash value)

Furniture / Furnishings

Jewelry

Collectibles

Other Assets (specify):

TOTAL ASSETS

(5)(A) AVERAGE MONTHLY EXPENSES FOR YOU AND YOUR HOUSEHOLD

HOUSEHOLD EXPENSES

Mortgage or Rent Payments

Gas

Property taxes

Repairs & Maintenance

Homeowner’s / Renter’s Insurance

Lawn Care

Electricity

Pest Control

Water

Cable TV / Internet Access

Garbage & Sewer

Misc. Household & Grocery Items

Telephones

Meals Outside Home

Residential Lines

Other (public transportation)

Cellular Telephones

AUTOMOTIVE

Gasoline & Oil

Auto Tags / Registration / License

Repairs & Maintenance

Insurance

OTHER VEHICLES (boats, trailers, RVs, etc.)

Gasoline & Oil

Tags / Registration / License

Repairs & Maintenance

Insurance

CHILDREN’S EXPENSES

Child Care (total monthly cost)

Allowance

School Tuition

Children’s Clothing

Tutoring

Diapers

Private lessons (e.g., music, dance)

Medical, Dental, Prescriptions

(out-of-pocket uncovered

expenses)

School Supplies / Expenses

Grooming / Hygiene

Lunch Money

Gifts from children to others

Other Educational Expenses (list type & amount):

Entertainment

Activities (including extra-curricular,

school, religious, cultural, etc.)

Summer Camps

OTHER INSURANCE

Health Insurance

Life Insurance

Children’s portion:

Relationship of Beneficiary:

Dental Insurance

Disability Insurance

Children’s portion:

Other Insurance (specify)

Vision Insurance

Children’s portion:

YOUR OTHER EXPENSES

Dry Cleaning & Laundry

Publications

Clothing

Dues, Clubs

Medical / Dental / Prescription

(out-of-pocket uncovered expenses)

Religious & Charities

Your Gifts (special holidays)

Pet expenses

Entertainment

Alimony Paid to Former Spouse

Recreational Expenses (e.g., fitness)

Child Support Paid for other children

Vacations

Date of initial CS order:

Travel Expenses for Visitation Other (grooming)

TOTAL ABOVE MONTHLY EXPENSES (also write on first line of 2C on page one)

(5)(B) YOUR PAYMENTS & DEBTS TO CREDITORS

To Whom

Balance Due

Monthly

Payments

(Please check one)

Joint

Husband

Wife

Total Monthly Payments to Creditors (also write this total on line 2 of 2C on page

one)

(5)(C)TOTAL MONTHLY EXPENSES

(Total Expenses from final line on page 5 + Total Monthly Payments to Creditors above)

(also write this total on line 3 of 2C on page one)

I AM AWARE THAT ANY MATERIALLY FALSE STATEMENT KNOWINGLY MADE WITH

THE INTENT TO DEFRAUD OR MISLEAD SHALL SUBJECT ME TO THE PENALTY FOR

PERJURY AND MAY BE CONSIDERED A FRAUD UPON THE COURT.

I DECLARE THAT THE ABOVE INFORMATION IS TRUE AND THAT THE INFORMATION

CONTAINED IN THIS FORM CONSTITUTES A COMPLETE AND FULL DISCLOSURE OF MY

FINANCIAL CONDITION.

___ ____

Signature of party signing affidavit

Printed name

Address

Telephone (area code and number)

STATE OF GEORGIA

COUNTY OF

Sworn to (or affirmed) and subscribed before me on this day of , 2011.

NOTARY PUBLIC–STATE OF GEORGIA

(Print, type or stamp commissioned name of notary)