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Asked about 1 year ago - Hinesville, GA
FlagHowever, my son comes home to my house after school every day spends an additional two to three days with me most every week. This is in addition to my scheduled visitation. can I request for termination of spt? If so How long do I need to wait before filing request for termination? How can I document what's been going on and have it hold weight in court?
If you have never requested a modification of your support obligation, then you can file the first motion to modify without a time limit at all. There is then a two-year "waiting period" for any consecutive modification petitions. To have evidence about the factors that would weigh in favor of terminating your support obligation based on the child living with you entirely (and it sounds like the child still resides with them a little, so you probably can't get it terminated entirely, but you can probably get it sizeably reduced), you need to have the evidence and testimony come from a credible third party - a teacher that knows what's going on, or a neighbor or two that see the child's essential "living situation", etc.). It sounds like you would be best advised to quietly contact a local attorney to address your issues and build your case. Good luck!
You can request to modify a child support order as long as it has been at least two years since you last requested a modification.
To receive modification, you must show the court that there has been a decrease in the income/financial situation of the paying parent, an increase in that of the receiving parent, and/or a change in the needs of the child. The fact that you have been exercising increased visitation on a regular basis may be reason for the court to award a downward modification, but would not likely result in your obligation being terminated.
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