How to Get Child Support Reduced in South Carolina

Parents in South Carolina who have to pay child support following a South Carolina divorce or legal separation may be wondering how they can have their child support lowered. Child support is usually provided in monthly payments from a custodial parent to a non-custodial parent.

In cases where the non-custodial parent does not make the payments that they are ordered to make, their child may not get the basics they need every day. A paying parent can consult with a local attorney in South Carolina or the family support division to get information on lowering their child support when they are not able to pay the full amount or any amount due to a change in circumstances.

Every state must have procedures in place for reviewing and adjusting child support orders when cases are handled by child support agencies. The state child support agency automatically reviews cases where a family receives Temporary Assistance for Needy Families (TANF) one time every three years.

When the family in a case does not receive TANF benefits, the child support agency will give the parent or custodian notice that they can ask for a review of the child support order. Either of a child’s parents may ask for a review if they have had a material and substantial change in their circumstances.

Child support agencies may follow one of a few different methods for reviewing cases if they work with the child’s parents or custodian, such as:

• Conducting a review and adjustment of the child support order using the child support guidelines in the state if the amount that was in the order is different from the amount calculated using the South Carolina state child support guidelines
• Applying a cost of living adjustment using the child support formula used in the original order
• Using automated methods, which compare the amount in the current order to income tax and wage data from the state in order to:
  • identify orders that are eligible for review
  • identify orders that are eligible for adjustment
  • conduct reviews
  • apply adjustments

If a paying parent asks to have their child support payments lowered, they will have to show that they have had a substantial and material change in their circumstances, which may include, but is not limited to:

• Substantial reduction in income
• Cost of living change
• Major illness or disability
• Incarceration
• Changes in the child’s needs
• Loss of a job

If a parent would like to get more information on having lower child support payments in South Carolina, they should consult with a lawyer in their area.

What Factors Can Lower Child Support?

There are numerous different examples of factors that may be considered to lower child support, such as:

• When the custodial parent spends money on childcare when searching for a job or working at their current job
• If the non-custodial parent is already paying other support orders
• The cost of providing healthcare coverage for the child
• When the child has any extraordinary expenses, such as special schooling or medical needs
  • These expenses may be imposed by an agreement by the parents or imposed by the court

To get more information on factors that can be considered when asking to lower child support in South Carolina, an individual can speak with an attorney in their area.

What Is a “Substantial and Material Change”?

Although child support orders may be reviewed once every three years without a parent making a request, anyone who is associated with the order is not required to wait for a review time to ask for a modification. A review and adjustment can be requested when a party to the order believes they have a qualifying substantial and material change in their circumstances.

In most situations, how a substantial and material change will be measured is whether the new amount in the order would be different from the current amount by 15% or more. When a party to an order requests a review, the agency can only conduct one if that individual submits evidence of a substantial and material change in their circumstances.

Every state, including South Carolina, provides guidelines and formulas to calculate the amount of child support that a parent will have to pay. These guidelines typically include an evaluation of:

• The parents’ incomes
• Childcare expenses of the custodial parent
• The non-custodial parent’s cost incurred for providing medical insurance for their child
• Additional support obligations the paying parent has
• The number of children, whether adopted or biological, that reside in the pay parent’s household

Whenever a court decides issues in cases involving children, it must follow the child’s best interests standard.

What Is the Legal Process of Child Support Modification?

The specific steps that an individual needs to follow to get their child support order modified may vary by jurisdiction. However, there are typically certain things they must do regardless of where they live.

Child support is calculated using the South Carolina guidelines provided by the state. The state provides an online calculator so that parents in South Carolina can get an idea of how much they will receive or pay in child support. This online child support calculator can also help a parent who thinks they may need to request a modification.

When a parent thinks their child support order should be modified, they can request a review through a Child Support Enforcement Agency (CSEA) or by filing a motion in the court that issued their original order. When a CSEA reviews a case, a caseworker reviews the information submitted and determines whether or not the order is eligible for modification.

When a parent or custodial files their motion in court, all parties involved in the order may have to appear at a hearing to present their arguments for or against the claimed change in circumstances. A court is typically more flexible with their choices when considering modifications to child support orders, including taking into consideration the unique situations of the parents.

When a parent allows their lawyer to handle their modification request, it will likely provide them with the best chance at receiving the modification they need. It is important for paying parents to continue making any court-ordered payments while they wait on their modification request to be reviewed.

After the court hears and reviews the evidence and arguments presented, it will either choose not to modify the current order or change the amount that the paying parent will be ordered to pay.

When Do I Need to Contact a Lawyer?

If you are a parent or guardian of a child who is required to pay child support in South Carolina and who has had a change in your circumstances, you should consult with a South Carolina child support lawyer for information. Your attorney can give you advice about how likely your chances are for receiving a decrease in your child support, as well as what other options you may have.

When you use LegalMatch, you will have access to attorney matching services that you can use for free in as little as 15 minutes to help you locate an attorney in your area who can help you with your modification request. All you need to do is submit your question online and you will receive responses from member attorneys in as little as 24 hours who can help you.