Does FMLA Affect Child Support in Atlanta?

The Family and Medical Leave Act (FMLA) helps Georgia workers take time off when dealing with health issues or caring for family members. It may also help parents spend time with newborns. Although this leave is not required to be paid, FMLA provides employees certain protections when the employee is dealing with certain medical and family issues.   Could FMLA affect your child support situation? This is something you might want to ask an experienced child support attorney in Atlanta.

You Can Only Modify Child Support Under Certain Circumstances 

In Georgia, you can only modify child support after a “substantial change in either parent’s income and financial status or the needs of he child.” These are major life changes that may affect a parent’s ability to pay the previously agreed-upon support sums. Alternatively, a parent might experience a life change that increases their wealth or income, such as an inheritance or raise. In these situations, the parent with more wealth or income might receive less child support than before. If this parent was previously paying child support, they might need to pay more than before.

What does this all have to do with FMLA? First, it’s important to understand that the FMLA only provides a maximum of 12 weeks of unpaid time off. If you try to modify your child support payments based on just three months of missed income, the court is unlikely to view this as a sufficient change to modify child support. In the absence of other factors, the assumption is that you’ll return to work within three months.

It doesn’t really make sense to modify child support for such a short period, just to revert to the previous agreement within three months. However, you may attempt to come to a private agreement with the other parent, and they may be willing to pause or reduce your child support obligations during this period.

Medical Leave Could Lead to a Long-Term Disability 

With all that said, FMLA leave could be just one “symptom” of a permanent disability. You can only take FMLA leave if your health condition prevents you from working. If your health issues continue to cause you to miss work even after the maximum 12 weeks of unpaid leave, you may be able to explore a child custody modification with an experienced lawyer.

However, courts may consider other factors aside from your disabilities. They might also look at your wealth, including any inheritance or investments you might have. In addition, courts may consider sources of income aside from regular employment, such as dividends or rental income.

Can a Child Support Lawyer in Atlanta Help Me? 

If you’re thinking about taking FMLA leave, you might want to discuss your situation with a child support attorney in Atlanta. While a legitimate health issue can affect child support, FMLA leave is probably too short to represent a significant “change in circumstance.” Speak with Kaye, Lembeck, Hitt & French today to discuss potential child support modifications in more detail.

Sources: 

childsupport.georgia.gov/

childsupport.georgia.gov/faq