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.
Circumstances Under Which Modification of Support Could Be Done
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:
- You or the other parent needs to move for work, or another reason, such as the need to take care of an aging parent or another family member
- The other parent has or is abusing the children
- You and the other parent can’t agree on parenting when it comes to your child’s health, education, or religious teachings
- Your child has special medical or other needs that may be better handled with a change in the current visitation or custody agreement
- A situation has arisen in you or your child’s life that needs a modification in custody, visitation, or support that is in the best interest of the child.
Every family is unique, and changes in a current South Carolina custody, visitation, or child support order may be necessary.
How Modification for Custody or Visitation is Determined
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.
Modification of Child Support in South Carolina
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.
Reasons to File for a Change in Child Support in South Carolina
An Anderson, South Carolina judge may increase or decrease the amount of child support for one of the following reasons:
- One of your children no longer lives with the parent who has custody. This could occur because the child has moved out of the house or has become emancipated. Even if the child has moved in with you, or is living with someone who isn’t the parent that has custody, your child support payment won’t change unless you or your attorney file the appropriate documents with the court.
- A South Carolina judge has approved a motion to modify child custody. A modification to a custody agreement could change the number of nights your child spends at your home. Because the amount of “overnights” your child has with the non-custodial parent is a factor in calculating child support in South Carolina, it may be necessary for you to file for a modification in child support.
- Alimony is no longer being paid. Alimony is considered income in South Carolina and is factored in when determining child support. If you are no longer receiving alimony, it may be possible for you to petition the court for a child support increase.
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.
Talk to an Anderson, SC Child Support Attorney Today
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.