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Changing custody, child support or alimony after a Georgia divorce

Updated November 11, 2026 · General information about Georgia law, not legal advice

Court orders about children and support can be changed after a Georgia divorce, but only by the court. Until a judge signs a new order, the old one stays in force, even if both parents agree to something different.

Child support can be changed when either parent's income and finances, or the child's needs, have substantially changed.^[1] Custody can be changed when there's been a material change affecting the child, and a judge decides based on the child's best interests.^[2]

Some changes have waiting periods, usually two years between requests. Alimony paid in regular payments can usually be changed too, unless the agreement says it can't.

First: the old order stays in place until a judge changes it

A side agreement between parents to change the parenting schedule isn't a binding court order, and only a court order can change custody.^[3] The same goes for support: payments keep coming due under the current order until a judge changes it. If you both agree on a change, you can put it in writing and ask the judge to make it a new order.

Support that has already come due can't be reduced later; a change applies going forward.^[4] The court can make a temporary change while a request is pending, and the lost-income rule below can apply from the date of service, so it's worth acting soon if your situation changes.

Changing child support

A parent can ask for a change when there's a substantial change in either parent's income and financial status, or in the child's needs.^[1]
A parent usually can't file a new request within two years of the final order on that parent's last request. Exceptions include when the noncustodial parent hasn't used the court-ordered parenting time or has had more than the order provides, and when the request is based on an involuntary loss of income.^[1]
If you lose income involuntarily, such as a layoff, a long-term cut in hours, a strike, a health problem or incarceration, and the loss is 25% or more, file promptly. From the date the other parent is served with your request, the part of support tied to the lost income stops building up while the case is pending. Quitting without good cause doesn't count.^[1]
The new amount is figured with the same state guidelines and calculator as the original order, and the judge can phase in a large change.

How child support works in Georgia

A review through the state child support office

If your case is handled by Georgia's Division of Child Support Services (DCSS), either parent, or a nonparent who has custody, can ask DCSS to review the support amount. DCSS reviews the order and can ask the court to change it. Some details:

DCSS notifies both parents of the chance for a review at least once every three years.
To change the amount, the new calculation generally has to differ from the current award by at least 15% and at least $25 a month. DCSS seeks a lower amount only if the paying parent isn't underemployed.
There's a $100 fee when the review is complete. It's waived for people on TANF or Medicaid, or with gross income of $1,000 a month or less. A review can take up to six months.
DCSS handles support only, not custody or parenting time, and its attorney doesn't represent either parent.

Changing custody

A judge can change legal or physical custody when there's been a material change in circumstances affecting the child since the last order, and the change is in the child's best interests.^[2]
A child who is 14 or older can choose which parent to live with. The choice controls unless that parent isn't in the child's best interests, and it can count as a material change on its own, but only once every two years.^[2]
For a child 11 to 13, the judge considers the child's wishes but isn't bound by them, and those wishes aren't a material change on their own. The judge can order a trial period of up to six months with the parent the child prefers.^[2]
A parent's absence because of military deployment can't be the only reason for a change, and a final change generally can't be made until 90 days after the deployment ends unless the deployed parent agrees.^[2]
A request to change custody needs its own complaint. It can't be added to a contempt case about the current order, though a parent who is sued for a change can counterclaim for one.^[5]

Custody and parenting plans in Georgia

Changing the parenting schedule

The parenting time schedule can be changed at any time if there's a material change. It can also be reviewed and changed without one, but no more than once every two years after the last order.^[2] A larger change, such as which parent the child mainly lives with, is a custody change.

If a parent plans to move

Unless the order says otherwise, a parent who moves must give the other parent at least 30 days' written notice, with the full new address.^[2] A move can lead either parent to ask the court to change custody or the schedule.

Changing alimony

Permanent alimony paid in regular payments can usually be changed if either former spouse's income and finances have changed, unless the agreement clearly says it can't be changed. A spouse who asks on that ground usually can't ask again within two years.^[6]

It can also be changed if the spouse receiving it lives together continuously and openly with a new partner in a romantic relationship. A spouse who asks on that ground and loses must pay the other spouse's reasonable lawyer's fees.^[6] A lump sum generally can't be changed.

How alimony works in Georgia

Where and how to file

A request to change custody, the parenting schedule or support is usually filed in the Superior Court of the county where the other parent lives, which may not be the county that issued the original order.^[5] Different rules apply if the other parent lives outside Georgia, if they agree in writing to another county, or if the order came from another state. Ask the clerk or a lawyer which court applies to you.
Some courts post free forms. Cobb has a child support modification packet, and Fulton has packets for changing child support, custody and visitation.
When support or alimony is at issue, each parent usually fills out a financial affidavit and child support worksheets,^[7] and the other parent must be served.
Depending on the county, the court may order mediation and may require a parenting seminar, even if you took one during the divorce. Check your county's standing order.
A judge can order lawyer's fees to the party who wins a child support change,^[1] and can order one parent to pay some of the other's fees in a custody case.^[2]

Mediation or court in Georgia

If the other parent isn't following the order

Not following an order, such as unpaid support or missed parenting time, is a different problem from changing it. A parent can ask the court to enforce the order, for example through contempt. Enforcing an order and changing it are separate requests to the court.

Questions you might ask a lawyer

Is the change in our situation enough for the court to change the order?
Does a two-year waiting period apply to me?
Which county should I file in?
Should I go through the court or ask DCSS for a support review?
Should I ask for a temporary change while the request is pending?

Common questions

Can we change custody or child support ourselves if we both agree?

Not on your own. A side agreement isn't a binding court order, and only a court order can change custody.^[3] Support keeps coming due under the current order until a judge changes it. If you agree, put it in writing and ask the judge to approve it as a new order.

How often can child support be modified in Georgia?

When there's a substantial change, but a parent usually can't file again within two years of the final order on that parent's last request, with exceptions such as an involuntary loss of income.^[1]

At what age can a child choose which parent to live with in Georgia?

At 14, a child can choose, and the choice controls unless that parent isn't in the child's best interests. A judge considers the wishes of a child 11 to 13 but isn't bound by them.^[2]

What counts as a material change for custody in Georgia?

There's no fixed list. It's a change affecting the child's welfare since the last order, and the judge decides based on the child's best interests.^[2] A lawyer can tell you how courts have treated situations like yours.

Next guideMoving with your children after divorceWhat Georgia law says when a divorced or separated parent wants to move: the 30-day notice, what happens if the other parent objects, how judges decide, moving before or during a divorce, and travel costs.

Sources

Laws and court rules change. If something here looks out of date, email help@divorce.city.