Cobb Modification Form – Fill Out and Use This PDF

CHILD SUPPORT MODIFICATION

This packet contains forms and information on:

How to Modify a Child Support Order

Note: The child support order must have been originally issued by a Superior Court and you may only file for modification if it has been two (2) years since a judge signed an order for child support, unless your original child support order has never been modified.

It is advisable to have an attorney when filing legal papers to be sure that your rights are protected and that all the procedures are correctly followed. Courthouse

personnel are prohibited by state law O.C.G.A. § 15-19-51 from giving legal advice. Different situations may require special procedures and courthouse personnel cannot advise you on how to proceed or what forms may be necessary in specific situations.

INSTRUCTIONS FOR FILING A PETITION FOR

MODIFCATION OF CHILD SUPPORT

Use this packet if all of the following are true:

You have a Child Support Order from a Superior Court in Georgia which was signed after July 1, 1986, and it orders child support to be paid to you or by you.

You are asking for a change in child support.

The opposing party is a resident of Cobb County.

BASIC STEPS OF THIS PROCESS

STEP 1: Fill out the Petition for Modification of Child Support.

STEP 2: Fill out the Verification form to go with the Petition.

STEP 3: Fill out the Rule Nisi form.

STEP 4: Fill out two (2) Summons.

STEP 5: Fill out the Sheriff’s Entry of Service.

STEP 6: Make a copy of the original child support order and attach it to the Petition for Modification of Child Support.

STEP 7: Put the documents in order.

STEP 8: Make two (2) copies of each document.

STEP 9: File the original documents with the Clerk of Court and pay filing fees and service fees in the Clerk’s Office.

STEP 10: Come to Court on the date and time indicated on the Rule Nisi form.

DETAILED INSTRUCTIONS FOR FORM COMPLETION

Step 1: Petition for Modification of Child Support

Petitioner: You are the Petitioner. Fill in your name on the line after “Petitioner” and on the line after “NOW COMES.”

Respondent: The Respondent is the opposing side. Fill in that person’s full name on the line after “Respondent.”

File Number: Leave the Civil Action File Number blank. It will be filed in by the Clerk of Court when you file the Petition.

Paragraph 1: (Check a or b)

OCheck a if the Respondent lives in Cobb County. Fill in his/her complete address.

OCheck b if the Respondent lives in another state, but you live in Cobb County and your original court order is from a Georgia Superior Court. Fill in the state where the Respondent lives in the first blank, and then enter his/her complete address in the other space.

Paragraph 2:

OIn the first blank, fill in the date of the original child support order.

OIn the second blank, fill in the county in Georgia where you received your child support order.

OIn the third blank, fill in the Civil Action File Number from your original child support order.

OIn the fourth blank, fill in which party was to receive child support under the original child support order.

OIn the fifth blank, fill in the amount of the original child support order. Circle whether it is weekly, biweekly, semimonthly, or monthly.

Paragraph 3:

OCheck a if the child support is paid to the Petitioner (you) and write the amount in the blank.

OCheck b if the child support is paid to the Respondent (opposing party) and write the amount in the blank.

Paragraph 4:

OCheck a if you are asking for an increase in child support paid to you.

OCheck b if you are asking for your child support payments to be decreased.

OCheck c if you are asking for an increase in payment for the needs of the child(ren).

Paragraph 5:

OCheck a if you are asking for an increase in child support paid to you. Then in the first blank, fill in how much the Respondent (opposing side) was earning at the time that the original child support order was entered. In the next blank, fill in the date that his/her income increased. In the next blank, fill in the amount of the Respondent’s current gross income.

OCheck b if you are asking for your child support payments to be decreased. Then fill in your monthly gross income.

Paragraph 6:

OCheck a if it has been two years since your child support has changed.

OCheck b if you have never changed the original child support order and you want to change that order.

Prayer, Paragraph a:

OCheck 1 if you are asking for an increase in child support paid to you.

OCheck 2 if you are asking for your child support payments to be decreased.

Signature:

OFill in the date you finished the form and then sign your name.

Step 7: Putting the Documents in Order

Put the documents in the following order: O Petition

O Copy of the Original Court Order for Child Support O Verification

O Rule Nisi

Make two (2) copies of all documents in the package.

Step 9: Court Appearance

Come to Court on the hearing date and time that is indicated on the Rule Nisi form. You should go to the courtroom indicated on this document, and let the case manager know that you are there. Then, wait for your case to be called by the judge.

If you are requesting a decrease in your child support payments, you should bring copies of your pay stubs for the last three (3) months.

If you asking the judge for an increase in child support, then during the trial 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 child support order was issued.

When you schedule your Final Hearing, make sure you completely fill out the Child Support Addendum and Final Order for Child Support Modification as completely as possible. Also complete a Child Support Worksheet. Bring these forms to your hearing and present them to the judge.

Fees are subject to change. Please check with the Clerk’s Office.

IN THE SUPERIOR COURT OF COBB COUNTY STATE OF GEORGIA

NOTICE OF CHILD SUPPORT REQUIREMENTS

You are herby notified in accordance with O.C.G.A. § 19-6-15 and Uniform Superior Court Rule 24.2, as amended, that you must comply with the requirements here within.

The Domestic Relations Financial Affidavit (in substantially the form provided in U.S.C.R. 24.2, as amended) and child support schedules, in the form promulgated by the Georgia Child Support Commission, * shall be filed and served on the opposing party:

(a)at least five (5) days prior to any temporary hearing;

(b)at least five (5) days prior to any court-ordered mediation; or

(c)either with the answer or 30 days after service of the complaint, whichever first occurs, if not application

for a temporary award is made and the parties do not attend mediation.

Both parties shall exchange any amendments at least ten (10) days prior to a final hearing. Both parties shall submit their proposed worksheets pursuant to O.C.G.A. § 19-6-15, as amended, at the time of the hearing. No social security numbers or account numbers shall be included on any document filed with the court.

Failure to furnish financial information may subject a party to the penalties of contempt and may result in continuance of the hearings or other penalties.

Any party who intends to submit a proposed worksheet and the accompanying schedules to the Court

electronically shall do so in accordance with Rule 24.2, as amended, and shall provide the opposing party a copy of the submission, either electronically or by printed copy. Electronic submission is not a substitute for filing with the

Clerk of Court.

Signed this _________________ day of ________________________________________.

Name (print or type): ___________________________________________

Address: _____________________________________________________

______________________________________________________

Daytime Telephone Number: _____________________________________

*The requisite forms are available at http://www.ocse.dhr.georgia.gov/portal/site/DHR-OCSE/ and http://www.georgiacourts.org/csc/.

IN THE SUPERIOR COURT OF COBB COUNTY

STATE OF GEORGIA

PETITION FOR MODIFICATION OF CHILD SUPPORT

Comes now the Petitioner, _______________________________________, and states his/her claim against the

Respondent for a Modification of Child Support as follows:

1

The Respondent is subject to the jurisdiction of this Court as follows:

a) The Respondent is a resident of Cobb County, Georgia and may be personally served with a copy of this petition and summons at:

________________________________________________________________________

________________________________________________________________________

b) The Respondent is a resident of the state of _________________________________, and may be personally served with a copy of this petition and summons at:

__________________________________________________________________________________

__________________________________________________

2

On __________________________________, 20_______, the Superior Court for the County of

______________________ in the State of Georgia, Civil Action File No. ___________________ issued an order awarding

permanent child support to the ___________________________ (insert Petitioner or Respondent) in the amount of

____________ dollars to be paid weekly/semimonthly/monthly (circle one).

3

The Court awarded child support as follows:

a) To the Petitioner in the sum of ____________dollars as permanent child support.

b) To the Respondent in the sum of ____________ dollars as permanent child support.

IN THE SUPERIOR COURT OF COBB COUNTY

STATE OF GEORGIA

VERIFICATION

I, _______________________________________, personally appeared before the undersigned Notary Public, and

declare under oath that I am the Petitioner in the above-styled action and that the facts stated in the foregoing Petition for Modification of Child Support are true and correct to the best of my knowledge.

Signed this _________________ day of ________________________________________.

(Sign your name here before Notary)Petitioner, Pro se

Petitioner’s Name (print or type): ______________________________

Petitioner’s Address: ________________________________________

________________________________________

Petitioner’s Telephone Number: _______________________________

Sworn to and affirmed before me, this

_______ day of _________________.

______________________________

NOTARY PUBLIC

My commission expires: __________

(Notary Seal)

IN THE SUPERIOR COURT OF COBB COUNTY

STATE OF GEORGIA

RULE NISI

This action has been filed. Therefore, let the parties appear before the Honorable Judge ______________________

of the Superior Court of Cobb County, Cobb Judicial Circuit in Courtroom ____________, in the Superior Court Building,

70 Haynes Street, Marietta, Georgia on ____________________________, 20______ at _________________ o’clock

___.m. to show cause why the relief sought should not be granted. Issued on _______________________________, 20_____.

__________________________________________________

JUDGE/CLERK

Superior Court of Cobb County Cobb Judicial Circuit

Presented by:

______________________________________

IN THE SUPERIOR COURT OF COBB COUNTY

STATE OF GEORGIA

Respondent: __________________________________

CHILD SUPPORT ADDENDUM

Instructions: All parts of this Addendum must be completed and it must be attached to all final orders and judgments

determining the amount of child support. However, it is not required for orders on contempt motions.

IMPORTANT: Final Order must be used in combination with this form..

The following is true:

[ You must check one of the following boxes.]

The parties have agreed to the terms of this order and this information has been furnished by both parties to meet the requirements of O.C.G.A. § 19-6-15. The parties agree on the terms of the order and affirm the accuracy of the information provided, as shown by their signatures at the end of this addendum.

This addendum includes findings of fact and conclusions of law and fact made by the Court, in compliance with O.C.G.A. § 19-6-15.

Application of Child Support Guidelines. The statutory requirements of O.C.G.A. § 19-6-15 have been applied in reaching the amount of child support provided under the final order in this action. The specifics are as follows:

1)Gross Income – The Father’s gross monthly income (before taxes) is ____________ dollars; the Mother’s gross monthly income is ____________ dollars (before taxes).

2)Number of Children – The number of children for whom support is being provided in this case is _____.

3)Attachments – The Child Support Worksheet and Schedule E are attached and made a part of this

Addendum, along with any other applicable schedules.

4)Child Support Amount – The _________________________ shall pay to the _____________________, for the support of the minor child(ren) in the sum of ____________________________________

dollars ($ _________) per month, beginning on ____________________, 20_______.

5)Duration of Child Support

[You must check and complete only one of the following paragraphs.]

a) Beyond Age 18 for High School – The child support shall continue monthly thereafter until each child reaches the age of eighteen, dies, marries, or otherwise becomes emancipated, provided that if a child becomes eighteen years old while enrolled in and attending secondary school on a full-time basis the then child support shall continue for the child until the child has graduated from secondary school or reaches twenty years of age, whichever occurs first.

We knowingly and voluntarily agree on the terms of this order. Each of us affirms that the information we have provided in this Addendum is true and correct to the best of our knowledge.

ORDER

The Court has reviewed the foregoing Child Support Addendum, and it is hereby made the order of this Court.

This Order entered on _________________ day of __________________________, 20_________.

__________________________________________________

Judge, Superior Court

Cobb Judicial Circuit

IN THE SUPERIOR COURT OF COBB COUNTY

STATE OF GEORGIA

(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)

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

_______________________________________________________

(Sign your name before Notary)  Petitioner  Respondent, Pro se

Name (print or type): _______________________________________

Address: _________________________________________________

________________________________________________

Daytime Telephone Number: ________________________________

Sworn to and affirmed before me, this

_______ day of _________________.

______________________________

NOTARY PUBLIC

My commission expires: __________

(Notary Seal)

IN THE SUPERIOR COURT OF COBB COUNTY

STATE OF GEORGIA

CERTIFICATE OF SERVICE

This document certifies that on ___________________, 20________, I sent copies of the following documents:

____________________________________________________________________________________________________

____________________________________________________________________________________________________

____________________________________________________________________________________________________

to the opposing party by  first class mail/  certified mail and return receipt was requested.

The documents were addressed as follows:

____________________________________________________________________________________________________

____________________________________________________________________________________________________

____________________________________________________________________________________________________

____________________________________________________________________________________________________

Signed this _________________ day of ________________________________________.

_________________________________________________________

(Sign your name before Notary)  Petitioner  Respondent, Pro se

Name (print or type): _______________________________________

Address: _________________________________________________

________________________________________________

Daytime Telephone Number: ________________________________

IN THE SUPERIOR COURT OF COBB COUNTY

STATE OF GEORGIA

FINAL ORDER FOR CHILD SUPPORT MODIFICATION

This action came before the Court on __________________________________, 20_______. The Petitioner

appeared Pro Se. [Select one of the following.]  The Respondent also appeared /  The Respondent did not appear. The

Court heard the evidence and considered the matter. It is hereby ordered and adjudged that:

I.

[Choose only one (1) of the following.]

The Petitioner did not satisfactorily prove that there has been a substantial change in his/her income or financial status or in the needs of the child(ren) so as to warrant a modification of child support.

The Petitioner did not satisfactorily prove there has been a substantial change in the Respondent’s income or financial status or in the needs of the child(ren) so as to warrant a modification of child support.

There has been a substantial upward change in the income or financial status of the Respondent which increases his/her ability to pay the child support award previously ordered.

There has been a substantial downward change in the income or financial status of the Petitioner which decreases his/her ability to pay the child support award previously ordered.

There has been a substantial change in the needs of the child(ren) as follows: _______________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

II.

[Choose only one (1) of the following.]

Child support shall not be modified.

Child support shall be modified to reflect the substantial change in the income or financial status of the Petitioner/Respondent, or in the needs of the child(ren).

25) Modification

[You must check and complete only one of the following paragraphs.]

a) Not a Modification Action – This is an initial determination of child support, not a modification action.

b) Support Not Modified – This action is a modification action, but the order does not modify the amount of child support that was previously ordered for these child(ren). The date of the initial support order concerning this child support case was _________________________________.

26)Continuing Garnishment for Child Support – Whenever, in violation of the terms of the order, there shall have been a failure to make the support payments, so that the amount unpaid is equal to or greater than the amount payable for one month, the payments required to be made may also be collected by the process of continuing garnishment for support.

27)Income Deduction Order

[You must check and complete only one of the following paragraphs.]

a) An Income Deduction Order shall be entered by the Court under O.C.G.A. § 19-6-32 for payment of

the child support and alimony (if any) provided. The Income Deduction Order shall take effect: [To finish a), you must check either 1) or 2). Do not check both.]

1) immediately upon entry by the Court.

2) upon accrual of a delinquency equal to one month’s support.

The Income Deduction Order may be enforced by serving a “Notice of Delinquency,” as provided in

O.C.G.A. § 19-6-32(f).

b) The parties agree that an Income Deduction Order is not immediately necessary.

c) The Court finds that there is good cause not to require income deduction, having determined that income deduction will not serve the child(ren)’s best interests and that there has been sufficient proof of timely payment of any previously ordered support.

This Order entered on _________________ day of __________________________, 20_________.

__________________________________________________

JUDGE, Superior Court Cobb Judicial Circuit

IN THE SUPERIOR COURT OF COBB COUNTY

STATE OF GEORGIA

RESPONDENT’S ANSWER TO PETITIONER’S

PETITION FOR MODIFICATION OF CHILD SUPPORT

My name is _________, and I a m representing myself in this m odification action. In support of

my case, I state the following:

1.

Respondent (CIRCLE ONE: ADMITS OR DENIES) the allegations contained in Paragraph 1 of Petitioner’s Petition for Modification of Child Support.

2.

Respondent (CIRCLE ONE: ADMITS OR DENIES) the allegations contained in Paragraph 2 of Petitioner’s Petition for Modification of Child Support.

3.

Respondent (CIRCLE ONE: ADMITS OR DENIES) the allegations contained in Paragraph 3 of Petitioner’s Petition for Modification of Child Support.

4.

Respondent (CIRCLE ONE: ADMITS OR DENIES) the allegations contained in Paragraph 4 of Petitioner’s Petition for Modification of Child Support.

5.

Respondent (CIRCLE ONE: ADMITS OR DENIES) the allegations contained in Paragraph 5 of Petitioner’s Petition for Modification of Child Support.

IN THE SUPERIOR COURT OF COBB COUNTY

STATE OF GEORGIA

CERTIFICATE OF SERVICE

This document certifies that on ___________, 20____, I sent copies of the following documents:

ANSWER TO PETITIONER’S PETITION FOR MODIFICATION OF CHILD SUPPORT

to the opposing party by: (CHOOSE ONE: first class mail OR certified mail and return receipt was requested).

The documents were addressed as follows:

____________________________________________________________________________________

____________________________________________________________________________________

__________________________________________________________________

Signed this _____________ day of _________________, 20____.

_______________________________________________

Sign your name here before notary) Respondent, Pro Se

Respondent’s Name (Print or Type): ___________________

Respondent’s Address: ________________________________

Respondent’s Telephone Number: _______________________

Sworn to and affirmed before me

this _____ day of ______________, 20___.

____________________________________

NOTARY PUBLIC

My Commission Expires: __________

(Notary Seal)

IN THE SUPERIOR COURT OF COBB COUNTY

STATE OF GEORGIA

DOMESTIC RELATIONS STANDING ORDER & RULE NISI

This case is hereby set for a hearing on ________________________________________ at

________________ AM/PM in Courtroom ___________________ of the Superior Court of Cobb County, 70

Haynes Street, Marietta, GA 30090.

To Parties Without Attorneys: If you have filed this action without an attorney, or if you plan to defend this action without an attorney, you have full responsibility for complying with all procedural and substantive requirements of the law. The Court will not act as your attorney, will not dispense legal advice, and will not help you prove or defend your case. This action involves important legal rights and this Court strongly urges you to hire an attorney.

The parties to this action, their agents, servants, and employees, and all other persons acting in concert with the Parties are subject to the following provisions:

3.5.

SO ORDERED this day of ________________________________________.

__________________________________________

Judge, Superior Court of Cobb County Cobb Judicial Circuit