Georgia Child Support Commission
Involuntary Loss of Income
The Georgia Child Support Guidelines statute at O.C.G.A.§19-6-15(j) provides a method for modification of child support orders when cases meet certain criteria for the Involuntary Loss of Income of the Noncustodial Parent. Below is an excerpt of this subsection from the statute:
O.C.G.A.§19-6-15(j) Involuntary loss of income.
- Involuntary job loss or reduction of income by 25% or more caused by no fault of your own.
- The reduction of child support must still be in the best interest of the child(ren) in the case.
The noncustodial parent must file and serve a complaint for modification on the custodial parent receiving the child support.
- An expedited hearing before the court is provided.
- Modification, if awarded under this circumstance, could result in the reduction of the child support back to the date of service of the complaint on the custodial parent.
- At the discretion of the court, the reduction of the child support may be phased in over time, if the decrease is more than a 25% reduction in the child support obligation.
Helps to limit the accrual of past due child support when the noncustodial has experienced an involuntary loss of income beyond his or her control.
- The Child Support Guidelines under the modification subsection (§19-6-15(k)) allows the noncustodial parent to file at any time and as an exception to the two year modification restriction, if the situation is an involuntary loss of income, as defined by the statute (§19-6-15 (j)).
a) You can contact and retain a private attorney to represent you in the action; or
b) You can contact the Division of Child Support Services (DCSS-the state’s IV-D agency) to open a new case (apply for services) and request this type of modification in the new case or in an existing active case. Visit this web site: https://services.georgia.gov/dhr/cspp/do/public/Welcome.
January 25, 2010, v1