Child support helps to ensure that both parents continue to support their children financially (throughout their childhoods). Child support is calculated according to exacting state guidelines that take a variety of important variables into consideration. Because our lives and circumstances evolve, the need to modify child support orders is common. If this is the situation you find yourself in – whether you pay or receive child support – an experienced South Carolina family law attorney can help.
The Time Guidelines
The court recognizes the need for child support modifications, but it is not open to taking such requests or making such modifications according to whim. To do so, you must have experienced a substantial change in circumstances that affects the child support dynamic.
Qualifying Changes
The following are the kinds of changes in circumstances that sometimes qualify as being substantial enough to support a child support modification:
- A significant change in the child’s needs
- A significant change in either parent’s financial situation
- A change in the makeup of the family, such as if one child ages out of child support
- If either parent has another child born to their new family
The Modification Process
To request a child support modification, you will need to go through either the family court or the Child Support Division of the Department of Social Services. If the reason for your request is deemed valid, your modification might be approved. Common reasons for denial, however, include:
- The change in circumstances identified was anticipated in the original child support order.
- The payor has no difficulty continuing to pay the current child support obligation.
- The payor is voluntarily underemployed or unemployed.
Discuss your Case with an Experienced South Carolina Family Law Attorney Today
If you have a child support concern, the trusted family law attorneys at Bannister, Wyatt & Stalvey, LLC – proudly serving Greenville – have the experience, legal savvy, and compassion to help. Your case is important to you and your children, which makes it important to us. For more information, please don’t wait to reach out and contact or call us at 864-523-6928 today.
Child Support Modification FAQ
Will my child support increase with my ex’s wage increase?
Child support does not automatically increase for any reason (unless the change is anticipated and worked into the child support order). In order to obtain a child support modification for your ex’s wage increase (or for any other reason), you’ll need to request a modification.
How can I improve my chances of obtaining a child support modification?
Working closely with an experienced family law attorney is the surest way to bolster your ability to obtain the child support modification you need.
Will my child support obligation change if my ex remarries?
While you can request a child support modification for any reason you consider substantial, the court is not likely to find that the fact of your ex remarrying – in and of itself – merits a modification.
