Can Child Support Or Custody Orders Be Modified?

Family courts in South Carolina understand that as children grow older, circumstances often change. Existing child support or custody orders may no longer be effective in light of these changes, and “modifications” could be necessary. How should you approach custody or child support modifications as a parent? Can a custody lawyer in Charleston help?

Attempt to Resolve the Dispute Privately as an Initial Step

If you created your child custody or child support agreement through private negotiations, you can make modifications to these agreements in the same way. Examples of “alternative dispute resolution” (ADR) include mediation, arbitration, and collaborative law. There is nothing stopping you and your ex from discussing the existing custody or child support order.

If you and your ex both agree that things have changed since the initial order, you may also agree that certain changes are necessary. You may then negotiate a solution that serves everyone’s best interests. For example, you may feel that you need more child support as a result of your child’s increased educational costs. Your ex might then agree to pay a higher level of child support.

Keep in mind that these negotiations are entirely voluntary, and there is nothing preventing your ex from simply saying “no.” If they do this, litigation will be the only remaining option. Parents should also remember that negotiations often require both parties to compromise and sacrifice. An experienced family lawyer can guide these negotiations toward positive outcomes.

How Does a Custody or Child Support Modification Work in South Carolina?

If negotiations are not possible, you will need to resolve the dispute by filing a petition for modification with the family court. The family court has strict rules regarding these petitions, and it will only consider modifications after a “change in circumstance.” In other words, you cannot modify a custody or child support order on a whim. While these orders are not “written in stone,” they can also be challenging to change.

Examples of “changes in circumstance” often involve financial matters, especially in regard to child support modifications. A parent might need more child support after losing their job. They might also seek to pay less after losing their job. Disabilities can also represent major changes in circumstances for both custody and child support modifications.

Anything that jeopardizes the child’s safety can lead to a valid modification petition. For example, the child may have been abused or neglected by one parent. This could lead to the loss of physical custody.

Can a Family Law Attorney in Charleston, South Carolina, Help Me?

Before considering legal action, parents should instead attempt to resolve their differences in private. Not only will this process be less stressful than a modification petition, but it will also be less stressful. However, such private agreements are not always possible. If you need to modify your child custody or support order, you can discuss the next steps with a Charleston family law attorney. Contact Martin Murphy Law, LLC at 843-809-0232, or visit us online to get started.