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23.700 Modification
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Description
23.700 Modification (Note to judge: O.C.G.A. §19-6-15(k)(1) provides that a parent may not " . . . petition for modification of the child support award . . . unless there is a substantial change in either parent's income and financial status or the needs of the child" [emphasis added]. There are other time-period provisions. O.C.G.A. §19-6-15(k)(4) provides that when a petition for modification comes before a jury, the members " . . . shall only be responsible for determining a parent's gross income and any deviations. . . ." [emphasis added]. Thus, it appears that the issue of comparison to prior awards and determining the issue of "substantial change" and the issues from O.C.G.A. §19-6-15(k)(2) are left as court decisions after the jury has determined new income and deviations. The court may want to encourage pretrial practice, including, but not limited to, motions for summary judgment on some of these issues before the lengthy and intricate process of jury determination of income is undertaken.)
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