Q: If the father NCP is paying CS but is out of work & receiving workers Comp. can a mod. for an increase still be filed?
There hasn't been an increase or modification filed since our divorce and he is making a lot more money now, before he went out on Workers comp. or should I wait until he is released to go back to work?
A: Assuming both are located in Georgia, and there has not been a previous modification within the past two years or the original ruling is more than 2 years old, then yes, you can file for a modification when the party paying child support is being paid through a worker's compensation policy as long as those payments are more than the current scheduled amount of earnings. In other words, if the other party is truly making more money, then yes, you can file. But this is really one of those situations that would be better served by negotiation, rather than litigation. While you can do it, are you certain that you should? It may be better to do this by agreement rather than force it back into the court system. The other option is to wait until the other parent is back working again and then request an increase. It's very difficult to answer your question without knowing your specific situation and this is a very fact specific area of the law. I would urge you to seek advice form an experience Georgia Family Lawyer before attempting to do anything on your own. Good luck! www.JudgeCase.com
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