If you are the recipient of child support, these payments are very likely critical to your ability to provide your children with the happy and healthy home they deserve. Suppose your children’s other parent is requesting a child support modification, and you are facing a potential decrease in the child support you receive. In that case, your children’s ongoing welfare is at stake, and it’s time to consult with an experienced South Carolina family law attorney.
The State’s Stance
It is important to know that child support in South Carolina is calculated according to the strict guidelines that take wide-ranging factors into consideration. Most importantly, however, every decision the court makes in relation to children is based on the best interests of those children. In other words, the court will not decrease the child support you receive unless the circumstances involved have changed substantially since the original orders were handed down and the modification is in the best interests of your children (in light of the overall situation).
Factors to Consider
Before ordering a decrease in the child support payments you receive, the court will take all relevant factors into consideration, including issues such as the following:
- Does the payor have the financial means to continue paying the current child support payments without hardship?
- Has the payor artificially decreased his or her income through voluntary unemployment or underemployment?
- Has your ex had another child? This can reduce his or her child support obligation.
Your dedicated family law attorney will help to ensure that the court sees the big picture and does not grant a decrease in child support that is not warranted by your current situation.
Turn to an Experienced South Carolina Family Law Attorney Today
If your ex is attempting to decrease your child support payments through a modification, the focused family law attorneys at Bannister, Wyatt & Stalvey, LLC – proudly serving Greenville – are committed to building your strongest case in defense of your children’s ongoing financial support. We’re on your side and here to help, so please don’t hesitate to contact or call us at 864-523-7730 for more information today.
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Child Support Modifications FAQ
When is child support decreased?
Child support modifications of every kind, including decreases, are based on substantial changes in the circumstances that supported the original order. If your ex’s financial circumstances have decreased substantially (through no fault of his or her own), there is a chance that the court will order a decrease, but this is not necessarily the case. Wide-ranging factors go into these important determinations.
Am I required to have an attorney?
No, you are not required to hire a family law attorney, but doing so can significantly improve your ability to protect both your parental and financial rights, and your child’s rights in the form of ongoing child support payments that reflect your children’s needs.
What is the best way to fight a child support decrease?
The surest way to fight a child support decrease is with the professional legal guidance of a dedicated family law attorney, who will help you demonstrate that there have been no substantial changes that warrant such a modification.