Family Law

When Can an Existing Child Support Amount Be Increased or Decreased?

By Ben Stevens

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.

Full post as published by SC Family Law Blog on January 10, 2008 (boomark / email).