If you have a child visitation or child support order in South Carolina, there are circumstances that may arise where the orders for visitation, custody and/or child support need to be modified. Any change in visitation and/or child support can have an impact on your child(ren) and must be thought out carefully.
There are many situations that may arise during your child’s life that require a change in your existing child support or visitation orders. Some of the most common ones are:
Every family is unique, and changes in a current South Carolina custody, visitation, or child support order may be necessary.
If you are seeking a modification to a prior child custody or visitation order, you must be able to show the court that a change of circumstances has occurred that is substantial and material. So much so that the modification is necessary and that it’s in the best interest of the child.
The South Carolina Court of Appeals has ruled that a change of circumstances must, “substantially affect(s) the interest and welfare of the child”, and not a change that is merely “convenient” for the parents.
In addition, you must show “changed circumstances” regardless of whether or not the prior custody or visitation agreement was an agreement between you and the other parent or by an order of the court.
The law offices of Thomason & Pracht, encourage families who require a modification to consult an attorney to ensure you and your child’s interests are being protected.
Modifying a prior child custody or visitation agreement can be complex and a qualified family law attorney can assist you in negotiating with the other parent to modify the agreement, gather evidence, represent you in court, and draft all the legal documents that may be necessary for your child visitation or custody modification.
When requesting a change of child support in South Carolina, it’s extremely important that you or your attorney file a complaint and have it served upon the other parent as soon as possible, even before the negotiations regarding the change have been started.
However, before you file a complaint, the law offices of Thomason & Pracht, LLC., advise that you must have and be able to prove a substantial change of circumstances.
An Anderson, South Carolina judge may increase or decrease the amount of child support for one of the following reasons:
You or the other parent have been called into military service. In South Carolina, the law does permit for a temporary modification to child support when you or the other parent has been called up for temporary military service.
The experienced and caring family law firm of Thomason & Pracht, L.L.C., can work with you to evaluate whether your modification in child custody, visitation, and /or child support can be modified in South Carolina. They can also assist you in filing the necessary papers with the court, appearing in court with you, and act as you and your child’s advocate to ensure that the court understands why you and your child needs the modification.