The following form is a Petition that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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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. For example, a non-custodial parent of three children earns $3,000 a month. The custodial parent of all three children earns $1,500 per month.
While having another child may not directly reduce your child support obligation, it can indirectly affect the amount you must pay. The courts consider various factors when determining child support, including the income of both parents, the needs of the child, and the custody arrangement.
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.
You may stop paying child support when you receive a signed order from a family court judge ending your responsibility to pay child support. You can request to stop your child support payments because your child is emancipated (e.g., your child has turned 18, is married, becomes self-supporting, etc.).
Child support modifications can be either an increase or decrease in the amount of child support a person is ordered to pay. 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.
Ask for a support modification You could ask the court to modify the support order if you have proof there have been significant changes that impact your ability to pay support. This includes changes in income, expenses and parenting time. Be sure to report any changes in your income immediately.
There is no statute of limitations on the collection of court ordered child support. ?The family court may always modify child support upon a proper showing of a change in either the child's needs or the supporting parent's financial ability.? Upchurch v. Upchurch, 367 S.C.
In South Carolina, parents have a legal obligation the duty to support their minor children financially until they turn eighteen, become emancipated, or graduate from high school otherwise known as ?child support.? Child support is paid by a non-custodial parent for the support of his or her children.
