South Carolina Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support

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Multi-State
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US-00799BG
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A decree for child support is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a petition to modify an order for child support on the same set of facts that existed when the original order was made. To justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.
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FAQ

Spouses in South Carolina have a right to all marital property. Marital property is all the real and personal property acquired by the parties during the marriage and owned at the date of filing for divorce.

A court will not approve a divorce modification without a substantial change of circumstances for at least one of the two parties. Seeking modification without a substantive claim, or for a minor issue, may be seen as a nuisance to the court and may hurt your long term chances of modifying a divorce order.

Child support is typically reviewed every 3 years to determine whether or not a modification is necessary if the South Carolina Department of Social Services is involved in the support payments.

If you are pursuing a no-fault divorce in South Carolina, the process is relatively straightforward. As soon as the couple begins to live in separate homes, the clock will start running to meet the one-year requirement. Once they have lived apart for a whole year, they can file for a no-fault divorce.

Ing to the US Census, the median household income in South Carolina is $5497. The South Carolina guidelines establish a basic child support obligation average between $793 to $1628. This range applies to parents of one to six children.

Complete the South Carolina Self-Represented Litigant Child Support Modification packet online using a free interactive program. This program allows you to quickly and easily complete the child support modification by answering simple questions online. Visit .ModifyChildSupportSC.com for more information.

The court requires proof of more than one act in violence, unless that one act is severe. Sometimes this is difficult to prove because there are no witnesses to the abuse. It is important to note that mental and emotional abuse are not grounds for divorce in South Carolina.

To modify alimony in South Carolina, you must petition the court. The earliest the court will make any change effective is the date that you formally motion the court, even if the circumstances changed long before that. You must prepare a court motion, serve the other party and attend the hearing.

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South Carolina Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support