As your situation changes, it may be necessary to modify child support to better suit the child’s needs and the paying parent’s abilities.
South Carolina law allows parents to amend the support arrangement if they can show a substantial change in circumstances. To request this change, you may need to recalculate your support obligations and file appropriate documents with either the Department of Social Services or the court.
The battle-tested attorneys at Turner Family Law are here to help you through this process.
They understand how challenging it can feel to co-parent a child in the aftermath of a separation, break-up, or divorce. They are passionate about finding creative and compassionate ways to achieve a fair outcome for parents and their children.
Eligibility Requirements for Modifying Child Support in South Carolina
Under South Carolina law, the family court has the authority to modify a child support order if the person requesting the modification can show that there are changed circumstances. What type of change may justify adjusting the support order might need to be something that impacts the child’s best interests. For example, the cost of raising the child may have gone up significantly, and the parent receiving support may require more funds to keep up with these expenditures.
Another qualifying change might be that the paying parent can no longer keep up with these payments. For instance, they may have lost their job or been demoted and taken a substantial pay cut.
Steps to Request a Child Support Modification
You need to follow a specific legal process to ask to modify the existing child support order.
First, calculate your new child support obligations using the formula in the Department of Social Services regulations. The formula asks you and the other parent to, among other things, calculate your total income each month and subtract from that your qualifying expenses. Income includes qualifying portions of your salary; however, it typically doesn’t include government assistance you’re receiving or funds brought in from other household members. Once you calculate your base monthly income, reference the remainder of the formula to determine your monthly support amount. Part of this involves using the support guidelines chart.
If you and the other parent agree to the modification, the Department of Social Services may be able to adjust the support order using their administrative process. But, going to court may be necessary if you and the other parent disagree about the suggested modification or if your proposal doesn’t align with the Department’s guidelines.
The next step is to file a legal form to ask the court to take a second look at the child support order and either decrease or increase it.
After you submit this document, the court will schedule a hearing where you and the other parent will talk to the judge about your situation and why you’d like to modify the support order. If the other parent disagrees with your request, they’ll also have a chance to discuss what they think would be most appropriate for child support. After receiving and reviewing all the evidence, the judge will decide what they feel is a just outcome.
Common Reasons for Modifying Child Support Orders
Common reasons to modify child support include if one or both parents lose their jobs. Or, one of the parents may get demoted or have a change in position that involves a salary decrease.
Additionally, the shift in the child custody arrangement may also warrant an adjustment to the support schedule. Moreover, higher costs of raising the child — e.g., because of increased health insurance premiums or medical care costs — may justify modifying the support order.
Can You Request a Temporary Child Support Modification?
Yes. South Carolina law may allow you to request a temporary modification to the support arrangements. Doing so may be necessary because of a temporary job loss or a short-term increase in the cost of raising the child. For example, the child may get an injury and require ongoing treatment for several months. The court might increase the monthly child support amount to account for this.
What to Do If Your Child Support Modification Request Is Denied
If the Court denies your request to modify the child support order, you have the option to challenge this decision. You can ask the court to reconsider its judgment. Or, you may be able to file an appeal.
Working with a Family Law Attorney to Modify Child Support
Modifying child support may be necessary to accommodate a change of circumstances.
However, the legal process of doing so may feel confusing or inaccessible. Partnering with a knowledgeable lawyer who is well-versed in the nuanced support laws of this state may be beneficial.
Trained legal professionals understand how to calculate your obligations and determine the necessary documents to request a change.
They also have the tools to craft arguments that may work in your favor as you advocate for yourself and your child. They can provide personalized support and recommendations as you navigate this process.
Turner Family Law: We Help Parents Modify Child Support in South Carolina
If your circumstances have changed and you need more money to care for your child, or you’re unable to keep up with your current payments, it may be necessary to modify the child support order. You can recalculate your new monthly payments and file the appropriate forms with the court or the Department of Social Services.
For years, the attorneys at Turner Family Law have stood by individuals and families going through the divorce, separation, or parentage process. J. Michael Turner, Jr. deeply cares about the well-being of his clients and helping them develop a balanced solution to their legal matters.
Get in touch with his team today by calling 864-778-2734 to schedule a no-obligation consultation.
