Car accidents can easily lead to serious injuries, and you might struggle to return to work in the aftermath. Perhaps you suffered a permanent disability that effectively ended your career. How does this affect child support in Georgia? Can you modify your child support agreement in order to relieve the financial burdens of your situation? This is a question you might want to explore with your Georgia family law attorney.
Health Changes Could Represent “Changes in Circumstance”
In order to modify your child support agreement, you must demonstrate some kind of “change in circumstance.” This is a major change in your family’s situation that could justify the reduction (or even the elimination) of child support. In other words, you must have a valid reason when you ask the court to change your child support.
A significant change in your health may represent a “change in circumstance.” If you are recovering from severe injuries due to a car accident, you could potentially ask the court to reduce your child support. It may be impossible for you to work after your accident. Perhaps you are paralyzed. Maybe you lost a limb. You might have suffered a traumatic brain injury that makes even the most basic daily tasks extremely challenging.
Whatever the case may be, courts in Georgia may recognize the fact that your child support obligations are no longer fair. However, you may need to show that it is legitimately impossible for you to work. Even after suffering a severe injury, it may be possible to pursue alternative types of employment. For example, a construction worker could transition to an office job.
What if I Received a Personal Injury Settlement?
If you received a personal injury settlement, this may affect your child custody agreement. In many personal injury cases, victims receive compensation for lost future income. The other parent may be able to access some of this compensation in order to cover their missing child support payments in the future. That being said, compensation for non-economic (psychological) damages should remain yours.
Of course, this all depends on the specifics of each case. If you were accused of causing a car accident, you might lose the right to receive any compensation. In this case, you would shoulder the cost of your own medical expenses, lost earnings, and other damages, and it may be easier to reduce or eliminate your child support.
In the end, it makes sense to discuss your specific circumstances with a family law attorney when approaching this situation.
Can a Georgia Family Law Attorney Help Me Modify Custody?
A family law attorney in Georgia may be able to help parents modify their child custody agreements after a car accident. If you are struggling with a legitimate disability, you have every right to modify your agreement and experience financial relief. However, the most appropriate course of action depends entirely on your unique situation. Contact Lankford & Moore to continue this discussion in more detail.
