Supreme Court Reverses Lower Court on Child Support Modification

In the recent case of Herrin v. Herrin, the GA Supreme Court reversed a trial court’s decision to increase a child support award and award attorney’s fees.  The trial court had found that the mother was “underemployed” and capable of earning more income.  The Supreme Court, however, held that the record was devoid of any evidence that the mother had the ability to earn more income or that she was underemployed.  The Supreme Court also held that there was no evidence that the mother had the ability to pay the attorney’s fee award.

Child support modifications are increasingly common today, due largely to the poor national economy.  Courts are very aware that many non-custodial parents are having difficulty keeping their child support obligations current.  You should always consult with an experienced family law attorney if you are unable to pay your child support.  Don’t wait until you are behind on your payments.  An experienced lawyer can evaluate your case and give you advice on how to proceed.