Can I File a Motion to Modifiy Child Support in Response to a Change of Custody Case

[PESCBURG4]

My question involves child support in the State of: Georgia. My former spouse and I have joint physical & legal custody of out minor child (age 12). There is currently no child support order, as the minor is with both parents for an equal amount of time. However, due to a decrease in my income, I asked my former spouse if he would be willing to assist us financially. That effort was unsuccessful, to say the least. A month or so later my former spouse claims out minor would rather stay with him fulltime because he has more "STUFF" at his residence. Subsequently, he files for a change of custody, claiming I am unstable because I donot have a residence of my own, and the minor does not have a room of his own. Along with my answer, can I file a counterclaim asking for a child support modification?

[Mr. Knowitall]

If you ran the formula and you are entitled to support, and your efforts with your spouse to provide voluntary support have not worked, it makes sense to make a formal petition for support. As to whether, for strategic reasons, you might want to do that now or wait until after the current motion to modify custody is resolved, that's something you would want to decide in consultation with a lawyer who knows the full facts and procedural history.