Modifying Custody & Support Orders in Georgia
Life changes after divorce, and court orders sometimes need to change with it. In Georgia, you can request a modification of child custody, child support, or alimony when there has been a substantial change in circumstances since the original order. Property division, however, is generally final and cannot be modified. Understanding what qualifies as a substantial change, how to file, and what to expect is essential.
Need help right now?
Our AI advisor can help you determine whether you have grounds for modification and guide you through the process in Georgia.
Talk to AI AdvisorWhat Can and Cannot Be Modified
Child custody and parenting time
Modifiable. You must show a substantial change in circumstances and that the modification is in the child's best interest. Examples: a parent's relocation, change in the child's needs, safety concerns, or the child's own preference (if old enough).
Child support
Modifiable. Most states allow modification when there is a significant change in either parent's income (typically 15-20% or more), a change in the custody arrangement, or a change in the child's needs (medical, educational).
Alimony
Generally modifiable unless the divorce agreement specifically states it is non-modifiable. Common grounds: significant income change, retirement, cohabitation by the recipient, or the recipient's improved ability to be self-supporting.
Property division
Generally NOT modifiable after the final judgment. The division of assets and debts is considered final. Exceptions are extremely rare: fraud, undisclosed assets, or clerical errors.
The Substantial Change Standard
To modify a court order in Georgia, you must demonstrate a "substantial change in circumstances" that was not anticipated at the time of the original order. The change must be:
- ✓Substantial: a minor or temporary change is not enough. The change must materially affect the situation
- ✓Involuntary or unanticipated: voluntarily quitting a high-paying job to reduce support obligations is not grounds for modification
- ✓Ongoing: temporary changes (a brief illness, a short period of unemployment) may not qualify unless they have lasting impact
- ✓Relevant: the change must directly affect the issue being modified (income for support, safety for custody)
Common Grounds for Modification
Job loss or income reduction
Involuntary job loss, layoff, disability, or significant income reduction. The key word is involuntary. Voluntarily reducing income to lower support payments is not grounds for modification and courts may impute income at your prior earning level.
Significant income increase
If the paying parent receives a substantial raise, promotion, or windfall, the recipient can petition for increased support. Similarly, if the recipient's income increases significantly, the payer may seek a reduction.
Change in custody arrangement
If the children begin spending significantly more time with one parent, child support may need adjustment. A change from sole to joint physical custody, or vice versa, is a common trigger.
Child's changed needs
New medical needs, special education requirements, behavioral health treatment, or extracurricular expenses that were not contemplated in the original order.
Cohabitation
If the alimony recipient moves in with a new partner, the paying spouse may petition for reduction or termination. Many states, including Georgia, consider cohabitation as evidence of reduced financial need.
Remarriage
Remarriage of the alimony recipient typically terminates alimony automatically. Remarriage of the payer does not automatically change the obligation, though increased expenses may be a factor.
Safety concerns
Evidence of abuse, neglect, substance abuse, or criminal behavior by either parent is grounds for emergency custody modification.
How to File for Modification
Document the changed circumstances
Gather evidence: pay stubs, termination letters, medical records, school records, police reports, or any documentation supporting the change. The stronger your evidence, the better your case.
Attempt agreement first
If possible, try to reach an agreement with your ex-spouse on the new terms. An agreed modification is faster, cheaper, and more likely to work long-term. Put any agreement in writing.
File a motion with the Georgia court
File a motion to modify with the same court that issued the original order. Include a sworn statement explaining the changed circumstances and the modification you are requesting. Pay the filing fee.
Serve the other party
Your ex-spouse must receive formal notice of the motion and have an opportunity to respond. They typically have 20-30 days to file a response.
Attend the hearing
The court schedules a hearing where both parties present evidence. Bring documentation, witnesses if applicable, and be prepared to explain why the current order is no longer appropriate.
Receive the modified order
If the judge grants the modification, a new order is issued. The modification is typically effective from the date the motion was filed, not the date of the hearing.
Important Rules About Modification
Retroactivity
In most states, child support modifications are retroactive to the date the modification motion was filed. This means you should file as soon as the change occurs, not months later. Back-owed support from before the filing date is generally not forgiven.
Never stop paying without a court order
Even if you lose your job or your circumstances change dramatically, continue paying the current amount until the court issues a modified order. Unpaid support becomes a judgment debt that cannot be discharged in bankruptcy.
Informal agreements are not enforceable
A handshake deal with your ex to pay less is not a court order. If they later change their mind, you owe the full amount under the original order. Always get modifications in writing and approved by the court.
Frequency limits
Some states limit how often you can request modifications (such as not more than once every 2-3 years for child support) unless there is a dramatic change. Check your state's specific rules.
Every situation is different
Has your situation changed since your divorce? Tell our AI advisor what happened and we will help you understand your options for modifying orders in Georgia.
Check If I Can Modify →Was this helpful? Help us keep it free.
divorce911.ai is funded entirely by donations. Every dollar keeps the AI assistant and 1,700+ guides free for people in crisis.
Know someone going through a divorce? This could help them.
Legal Disclaimer: This article covers Georgia divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a licensed Georgia family law attorney for advice specific to your situation.