If I Modify Custody, Will I Pay Less Child Support in Atlanta?

If you’re paying child support in Atlanta, you might be intent on spending more time with your children. Perhaps you only see your children a few times per month, and you’d like them to stay with you for longer periods. The fact that you’re financially stable enough to provide your ex with child support suggests that you can also care for your children. If you modify your child custody agreement, could you reduce your child support?

Georgia Courts Must Consider Parenting Time When Calculating Child Support

As of January 1st, 2026, family courts in Georgia must consider parenting time when calculating child support. Previously, Georgia courts had the option of considering parenting time when making these calculations.

Parents who are navigating child custody and child support arrangements for the first time will need to follow this new rule. Those who already have child support and child custody agreements may also need to consider this new rule if they modify their child custody agreements in the future.

For example, you might decide to modify your child custody order. If you are successful, your children may live with you for more days per week or month than before. If you only had visitation rights beforehand, you might start living with your children for the first time.

In this situation, you could petition the court to reduce your child support obligation because your parenting time increased. This could be well worth the effort for countless parents in Georgia.

Why Does Georgia Reduce Child Support if Parenting Time Increases?

The logic behind this move is quite simple: If a parent has more parenting time, they naturally incur more childcare expenses. Although the majority of the childcare expenses fall on the custodial parent (the person with the majority of parenting time), the noncustodial parent also incurs their own expenses, even with relatively minimal parenting time.

For example, a child might spend only 25% of their time living with the noncustodial parent. Although this might not seem like much, the noncustodial parent still has to pay for food, entertainment, transport, and other childcare costs during this period. The logic is that the court should subtract these costs from the noncustodial parent’s total child support obligations.

You Need to Modify Custody First

In order to reduce your child support, you first need to modify child custody. This isn’t always easy, and you must have experienced a “change of circumstance.” This might be a change in income, new disabilities, or anything new that affects the child’s best interests. You might also have the right to file this petition if a certain amount of time has passed since the initial child custody order.

Can a Child Support Lawyer in Atlanta Help?

If you want to reduce your child support obligations in Atlanta, modifying your custody agreement is one of the most obvious options. Spend more time with your children, and you might be able to reduce your monthly payments. However, there are many other ways to reduce your child support, and you might want to discuss these options with an Atlanta child support lawyer. Continue this conversation with Buckhead Family Law today.

Source: 

childsupport.georgia.gov/legal-resources/child-support-guidelines