Modifying Custody or Support Orders in South Carolina

Custody and support orders offer a child stability during separation or divorce. However, if significant circumstances change, the order may need to be modified to meet the needs of all parties involved. A modification may be necessary if a parent relocates due to a new job or remarriage, if the child’s needs change, or if there are concerns about the child’s safety. A child custody or support order modification is a formal legal process in South Carolina. At Gil Gatch Law, our family law attorneys believe that understanding the legalities of the process is essential to protecting your rights.

Reasons to Modify a Custody or Support Order in Summerville, SC

South Carolina courts realize that circumstances may change over time, making an existing order impractical. To modify an existing order, the requesting parent must demonstrate a significant change in circumstances since the last support order was issued. The following reasons may warrant a modification to a custody or support order:

• Parent relocation: Whether due to a job change, remarriage, or family reasons (such as taking care of an elderly relative), a parent may need a custody order to be altered.
• Change in a parent’s work schedule: If a parent has to work more hours, the current custody order may need to be modified to accommodate their new work schedule.
• Unsafe environment: If there is evidence of abuse, neglect, or substance abuse, the other parent may request that the custody order be modified for the child’s safety.
• Change in the child’s needs: As children get older, their needs will often change, requiring that the current custody or support order be modified.
• Shifts in income: If a parent involuntarily loses their job or is demoted, a co-parent may need to adjust their support payment accordingly.
• Noncompliance: If a co-parent consistently fails to follow a custody or support order, the other parent may ask the court to modify the order to suit everyone’s needs better.

The Process of Modifying a Custody or Support Order in South Carolina

Before filing a formal petition, court-ordered mediation is often required to help both parents resolve their differences. Mediation is a form of alternative dispute resolution(ADR). During mediation, a neutral third party will facilitate communication between the parties in an attempt to reach a compromise. Although the mediator does not have the authority to issue a binding agreement, any agreement the parties sign will be binding.

File a Petition for Modification in Court

If an agreement cannot be reached, then you will need to file a Petition for Modification in court. The petition must include a detailed explanation of the change in circumstances warranting the modification, along with supporting documentation. If you are requesting a modification to a custody order, you should include proposed custody arrangements. If you are seeking to modify a support order, you must include the requested amount of support.

New support proposals require showing calculations based on the state’s child support guidelines. If seeking modification to a support order, you will want to provide financial statements, pay stubs, medical bills, and any other bills related to the child’s care. Demonstrating a change in your child’s needs or your financial situation is crucial to getting the court to reconsider an existing support order. As always, having representation will increase your chances of a successful outcome.

Attend the Court Hearing

Once the petition is filed, the court will schedule a hearing to review the case. At the hearing, both parties, their attorneys, and the judge will be present. Each side will have the opportunity to present evidence and call witnesses to the stand. Afterward, the judge will either approve or deny your request. The court decides based on the child’s best interests, evaluating which arrangements best promote the child’s developmental and emotional needs. If your child is 12 years old or over, a judge is more likely to consider their preference.

Reach Out to Our Summerville Family Law Attorneys Today

At Gil Gatch Law, we help families address all potential issues that accompany divorce. If your circumstances have changed, you may consider modifying a previous custody or support order. Our Summerville family law lawyers will gather the appropriate documentation to justify your proposed custody arrangements or support payment. The more convincing the evidence, the more likely your request will be granted. To arrange a free consultation with one of our attorneys, contact us online or by calling (843) 800-2020 today.