Friday v. Friday states a trial court decides what portion of child support shall not accrue from the date of the service of the petition for modification.
By Sarah McCormack, Family Lawyer
Where a party seeks a downward modification of a child support obligation due to an involuntary loss of income, and the other side files for contempt, the trial court alone determines what “portion of child support attributable to lost income shall not accrue from the date of the service of the petition for modification.”
According to Friday v. Friday, the payor’s determination of what new amount of child support is appropriate is not binding upon the court, and his or her payment of a lesser amount after the modification is filed and prior to any court approval is undertaken at his or her jeopardy.
Sarah McCormack practices family law with the Georgia law firm of Kessler & Solominay.