回复:请问一个有关小孩抚养费和custody的问题

来源: 單身老貓 2006-05-30 11:11:17 [] [旧帖] [给我悄悄话] 本文已被阅读: 次 (4931 bytes)
您的情況,您不能"自動"變更child support的總數,您必需到喬治亞州的法院要求 Modification of Child Support base on your income deduction
您須要提供下列的資料包括您收入減少的證明 (通常以您當年的報稅資料為準,同時因為其中有一名子女要與您長住,當然就總体開支上也增加,)
When the income deduction is effective upon a delinquency in an amount equal to one month´s support, or when an order for spousal or child support was in effect prior to July 1, 1989, the obligee may enforce the income deduction by serving notice of delinquency on the obligor. The notice of delinquency shall state:
(1) The terms of the support order;
(2) The period of delinquency and the total amount of the delinquency as of the date the notice is mailed;
(3) All fees or interest which may be imposed;
(4) The total amount of income to be deducted for each pay period until the arrearage and all applicable fees and interest are paid in full and the total amount of income to be deducted for each pay period thereafter. The amounts deducted may not be in excess of that allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b), as amended;
(5) That a copy of the notice of delinquency will be served on the obligor´s payor or payors, together with a copy of the income deduction order. The obligor may apply to the court to contest enforcement of the order once the notice of delinquency has been served. The application shall not affect the enforcement of the income deduction order until the court enters an order granting relief to the obligor;
(6) That the enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the arrearages, or the identity of the obligor; and
(7) That the obligor is required to notify the obligee of the obligor´s current address and current payors and the address of current payors. All changes shall be reported by the obligor within seven days. If the IV-D agency is enforcing the order, the obligor shall make these notifications to the agency instead of to the obligee.

詳細的情況請見下列網頁
http://www.legis.ga.gov/legis/GaCode/data/19-6-15.htm
(這是整個法令的基礎,基本上您可以從23-28% for two children 減少到 17-23% for one chold. )
http://www.legis.ga.gov/legis/GaCode/data/19-6-33.htm
&
http://www.legis.ga.gov/legis/GaCode/data/19-6-32.htm
&
http://www.legis.ga.gov/legis/GaCode/data/19-6-33.1.htm

如果您有其他的問題可以到下列的網頁查詢相關資料

ps: according to 19-6-34 的規定,您要供他到20歲
原文如下
(d) The trier of fact, in the exercise of sound discretion, may direct either or both parents to maintain life insurance for the benefit of a child who has not previously married or become emancipated, who is enrolled in and attending a secondary school, and who has attained the age of majority before completing his or her secondary school education, provided that maintenance of such life insurance for the benefit of the child shall not be required after a child attains 20 years of age.



http://www.legis.ga.gov/cgi-bin/htsearch

最後有一個好消息給您
New Georgia Child Support Guidelines
Modification of Child Support

On April 22, 2005, House Bill 221 became law. The new law replaces the method which child support is calculated and is scheduled to become effective in January 2007. Non-custodial parents will no longer pay a flat fee percentage of their gross income as child support.

The new formula, referred to as “Income Shares” formula, will factor both parent’s income when calculating child support, instead of relying exclusively on the non-custodial parent’s income.

The new child support guidelines formula will include:

• The cost of health insurance premiums to be pro-rated between the parents
• The cost of day care will be pro-rated between the parents.

In order to qualify for an adjustment to a child support obligation, the non-
custodial parent must show that under the new guidelines, there would be at least a 15 percent change in their child support obligation. Child support obligations will not automatically be adjusted. A parent must either reach an agreement with their former spouse or file the appropriate documents with the Court. Any agreement would have to be approved by the Court.

The legislature could make additional changes to the child support guidelines and the methods that would entitle a non-custodial parent to seek a modification before January 2007.


在新法中如果您的current child support cost has a at least 15% change, 您可以要求 Modification of Child Support,您的情況當您的大孩子來德州與您同住時,您的cost當然有所變更,所以您也可以用這個原因要求變更您所需要付出的費用。

希望這些資料對您有用
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