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How to modify a child support order in South Carolina

On Behalf of | Sep 29, 2021 | Divorce

Child support orders in South Carolina are usually established shortly after the divorce is finalized, if not at the same time. It’s not uncommon for divorced parents to request modifications to the child support order years after the divorce.

What are the reasons for requesting a modification?

The court will ask for a reason when you request a child support modification. There are many reasons that parents might have to request a child support modification, including but not limited to:

  • a decrease in income
  • an increase in child-related expenses
  • a significant life change

Sometimes parents need to request a change to child support orders because they’re unable to regularly make those payments. This can happen due to a loss of income or expenses that have made it difficult to make ends meet.

Other times it’s because the cost of taking care of the child has gone up, either due to their school, extracurricular activities or health issues. A parent who currently is receiving child support can also request additional child support if they suspect their former spouse is in a position to afford it and it would help them support the child.

Regardless, there has to be a reason for the modification. A court won’t support a change in child support orders without proper justification.

How do you file for a child support modification?

Parents are required to handle all child support modifications in court, even if they’re on the same page with the new adjustments. The child support modification must be filed in the same court of law that approved the child support in the first place. When filing for a child support modification, both parents should prepare documents that would prove their case to either increase, decrease or leave child support at the level it is.