When Can an Existing Child Support Amount Be Increased or Decreased?
Question: When can a parent ask the Court to modify an existing amount of child support? Does it make a difference if the person is seeking an increase or decrease? Does it matter if the parent that is paying has made all of the required payments and has made all of the payments on time?
Answer: In order to modify any issues pertaining to the child (including child support, custody, visitation, etc.), the person requesting the change must first prove that there has been a significant or substantial change of circumstances since the parties were last before the Court. If such a change can be proved, the Court will then use the Child Support Guidelines to determine the current, correct amount for child support. South Carolina's Guidelines take the following factors into account: gross monthly income (or earning capacity) of each parent; work-related child care expenses; health insurance premiums for the child; other children in the home; and other child support paid or received pursuant to a Court Order. It does not matter whether an increase or decrease is being sought, as the same factors and numbers are used either way. Also, the fact that all payments have been made in a timely manner will not prevent a future modification.
Answer: In order to modify any issues pertaining to the child (including child support, custody, visitation, etc.), the person requesting the change must first prove that there has been a significant or substantial change of circumstances since the parties were last before the Court. If such a change can be proved, the Court will then use the Child Support Guidelines to determine the current, correct amount for child support. South Carolina's Guidelines take the following factors into account: gross monthly income (or earning capacity) of each parent; work-related child care expenses; health insurance premiums for the child; other children in the home; and other child support paid or received pursuant to a Court Order. It does not matter whether an increase or decrease is being sought, as the same factors and numbers are used either way. Also, the fact that all payments have been made in a timely manner will not prevent a future modification.
Ironically, My husband was just over 1 month behind on child support when he was summoned to an "administrative hearing". Once before the judge, he was allowed no explanations and was immediately taken in shackles to jail. He had lost his job due to downsizing. He had SC legal documents showing that his last paycheck had not been paid, and we had no income. There was no leniancy or understanding. This was the first time he had missed a payment in the 2 years that the court processed his child support payments. He was told to pay the one month that was missed immediately or "go to jail". This was a scary experience and we are trying our best to survive in this economy. My husband has now had to take a job making half of his previous income. We have contacted DSS who can not help us because the court order was considered "private". The Clerk of Court told me that we must use and attorney. Obviously, we are stuck. We attempted to file a motion for a reconsideration and found that we filed the wrong motion (pro se). Where do we go from here outside of jail for help?
Deadbeat fathers who do not pay their child support yet have the nerve to appear at the door to collect the child should be put in jail. My two sons' deadbeat father doesn't work, has very rich parents who paid off his vehicle for him BUT will not (their words) "give him a dime for the child." He is very proud and arrogant that he does not pay and has the full force of the law on his side when he appears at my door to pick up the child who I completly support, dress, feed and house with NO help from him!!! It is so frustrating!! I went to CSE and it has been over SIX months and still nothing.
At what age does court ordered child support end in south carolina?