I’m considering petitioning the court for child support modification because in our original agreement it did not specify that it would go lower after my oldest kid aged out.
Background: I divorced in GA and have two kids, 1 year apart.
Back then, The law did not allow for the child support to step down after the older child(ren) aged out. Hence, I’m on the hook to continue paying the exact same amount even when there’s just one child left in the house, just as if there were two.
(Somewhat) recently, the laws changed in Georgia to now allow the divorce decree to account for this scenario, and thus the support payments can automatically step down after the children age out.
My understanding is that now I can petition the court to modify our divorce decree, and include language such that when my oldest ages out, then the child support would step down.
Now to my concern/question….
Has anyone had experience doing this? And more importantly, was the child support re-calculated during the proceedings, or was the original amount used?
My concern is that the court would ask for our current incomes, and mine is higher than back then (30%) while her’s remains the same. And while I would get the future automatic step down that I’m looking for, but I would also get an adjustment to the current payments (in her favor!).
It makes me wonder if I should just let it go and pay the extra CS for one year until both kids age out.
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