How to Modify Child Support Agreements in South Carolina

As Life’s Chapters Evolve, So Do Our Needs

Suppose you have a child support agreement in place that no longer reflects the needs of your family. You may be considering modifying it. You are not alone. Many families get a child support agreement in place that reflects a young child’s needs but isn’t able to anticipate what the child may require financially as they mature.

Similarly, one parent may have a significantly different economic landscape than they did when the original plan was put in place, and it’s no longer manageable for both parties.

So, what are individuals supposed to do? You can consider modifying the agreement, and this article will discuss essential details to think about to determine if it’s best for you.

Can I Expect to Modify My Child Support Agreement Often?

While courts understand that life changes and we don’t have a crystal ball to help us determine what the future holds, there are also restrictions in place to ensure that families aren’t bogging down the court system with modification requests each time a small change occurs in a family unit. Additionally, most courts will always prioritize the children’s best interests, and inconsistencies such as multiple court proceedings throughout the parent’s lives to modify child support may be disruptive to them.

In an effort to restrict the modification requests to cases where there is an extreme and realistic need for them, courts have limited the circumstances requiring modifications to those that reflect a substantial change in the child’s or parent’s life.

So what constitutes a “substantial change?” Each court may look at the circumstances differently. Still, some common examples of substantial change may be that the child is diagnosed with a significant illness, making their financial needs much higher than they were at the time of the original child support agreement.

Other Examples of When Modifying a Child Support Agreement May Make Sense

Another example may be that one of the children for whom the support agreement was in place has been emancipated, so the support amount that was initially in place is more than what the household requires.

One parent may be diagnosed with a severe illness or become disabled, limiting their ability to create the same income they once were.

Similarly, a parent may have lost their job or chosen to take a job with less pay to be closer to home or travel less, and their salary is now significantly less than it was at the time of the arrangement. Along those same lines, a parent may now be making substantially more than they once were due to career advancement or a new career path.

The children or one child may have moved to live with the other parent, so the recipient household no longer requires the same level of support.

Are Modifications To Child Support Agreements Retroactive?

In most cases, if the modification is granted, you can request that the change be retroactive. It’s important to note, however, that you can only make the retroactive change to the date of the filing of an action in court requesting the change, making it imperative not to wait too long to speak with your experienced attorney to ensure you have the best chances at the adjusted support.

For example, suppose you are seeking a modification because of the onset of a significant illness, and you think you may improve, but you don’t. In that case, the time you waited to seek the modification will typically not count, and only the time you filed a new case to pursue the modification and forward will be eligible. Suppose the diagnosis occurs at the end of one year, and you wait until the middle of the following year to pursue the modification. In that case, the retroactive date may only be honored to the middle of the following year rather than the end of the previous year when the illness began.

Speak with your experienced attorney immediately following a significant change for professional guidance on pursuing a modification request.

What if One Parent Hides Assets or Is Fraudulent in Disclosing Their Income?

If one parent fails to expose their income accurately or is hiding assets to avoid paying a higher amount of child support, the other parent can file for a modification. However, it’s important to note that this effort must be timely to be effective. If you discover the other parent has inaccurately reported their income, contact your attorney immediately to pursue a support modification.

Necessary Modifications May In Order To Best Care For Your Family

Our team understands how children and families are of the utmost importance in life. As life unfolds and different chapters of life arrive, changes may be necessary to what was originally in place for support. You shouldn’t settle for less if you know there has been a significant change or if the other parent was fraudulent during the original child support determination.

If you are unsure if you need a modification for your child support, contact our office to speak with one of our team for professional legal guidance.

With almost 30 years of experience and a focus on family law, such as child support, divorce, and more, we are confident that our team can provide effective solutions for you and your family. We are capable, compassionate, and aggressive as needed, as we understand how important your children and their livelihood are to you.

Contact our office today at (864) 689-4482 to schedule a strategy session and determine your options.

We look forward to serving you and your family.