When can I file a modification of support in Gwinnett County?
- The opposing party is a resident of Gwinnett County; or
- The other party lives outside of the state of Georgia and you are a Gwinnett County resident and the person who is obligated to pay support.
Your Financial Affidavit is required
You must also file a Financial Affidavit. This form should include your own assets, income, expenses and liabilities you have. This statement is sworn testimony under oath concerning your financial circumstances.
Alternative to filing a court case: Georgia Department of Child Support Services
You may open a case with the Georgia Department of Child Support Services by visiting their local office and making an application for modification of your child support order. There is a small fee for the application, which can be downloaded at: http://dcss.dhs.georgia.gov/application-services.
Do I have to file a separate case if I also want to hold the other person in contempt of an out-of-state child support order?
It depends. You can file a single action for contempt and modification of support against a Gwinnett County resident. The forms can be downloaded here. Otherwise, you should consult with an attorney to discuss your options for seeking an order for contempt.
Unless the other party consents to the modification, you will need a Sheriff’s Entry of Service Form, which is a 3-part carbon copy available at the Gwinnett Justice and Administration Center.