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When the court issues a child support order, it’s based on the parents’ financial situation and the child’s needs at that moment in time. But life changes, and when it does, that original order might not reflect current reality. In South Carolina, either parent can request a child support modification, but the courts won’t approve a change just because you ask. You must show there has been a substantial change in circumstances.
Whether you’re paying support or receiving it, it’s important to know when and how you can request a modification, what qualifies as a “substantial change,” and how to build a strong case in court.
To successfully modify child support in South Carolina, you must demonstrate a significant, ongoing change that affects either parent’s financial ability or the child’s needs. Common examples include:
It’s not enough to claim that things are different; you must show the court how the change directly affects the fairness or feasibility of the current support order. Temporary or minor fluctuations in income usually won’t qualify. The court is looking for changes that are material and lasting.
While the law doesn’t set a strict percentage threshold, many family courts in South Carolina consider a 20% or greater change in income as a strong basis for revisiting a support order. However, each case is unique. For example, if your child suddenly develops a medical condition requiring thousands of dollars in new monthly expenses, that alone could justify a modification, even if your income hasn't changed.
Likewise, if you now have primary physical custody of the child, the original support arrangement may no longer make sense and could be reversed.
If you’re unsure whether your circumstances qualify, our Charleston family law attorneys can help you assess the strength of your case before you file.
Even if both parents agree that support should change, that agreement must still be approved by the court to be legally enforceable. Informal agreements, even written ones, are not recognized by South Carolina courts and can lead to major problems down the road.
For example, if the paying parent reduces payments based on a verbal agreement and the receiving parent later changes their mind, the court could hold the payor in contempt and order them to pay back the full amount owed under the original order.
To protect both parties, any agreed-upon changes should be formalized through a legal modification request.
To request a change, you must file a formal motion for modification with the family court that issued the original order. The process generally includes:
The court may request current pay stubs, tax returns, expense statements, medical bills, school records, or other documentation depending on the nature of your request. The burden of proof is on the parent requesting the change, so thorough preparation is key.
South Carolina law doesn’t impose a waiting period before filing a request for modification, but the court will look skeptically on repeated or unnecessary filings. If your last child support order was issued just a few months ago, and your circumstances haven’t changed significantly since, it may be too soon to seek a new order.
In general, you should wait at least 6 to 12 months unless a major life event has occurred, like job loss, a serious illness, or a significant custody shift.
No. Under South Carolina law, child support modifications are only effective from the date you file your motion, not from the date the change in circumstances occurred. This means if you lost your job three months ago but waited until now to file, the court cannot retroactively lower your support for those past months. You’re still on the hook for the full amount due during that time.
This is why it’s critical to act quickly when your financial situation changes. Waiting too long can lead to unpaid balances, penalties, and enforcement actions, even if your inability to pay was legitimate.
Just as support can be lowered for a parent facing hardship, it can also be increased when the paying parent’s financial situation improves. If your child’s other parent receives a substantial raise, promotion, or inheritance, and your child’s needs have grown, you may have a valid basis to ask the court for a higher support amount.
Remember, child support is not just about fairness between parents. It’s about meeting the evolving needs of the child. The court will always look at what best serves the child’s interest, including educational, medical, and extracurricular costs.
Whether you're struggling to make your current payments or feel the other parent should be contributing more, you don’t have to guess your way through the process. Our experienced legal team can help you prepare a compelling case, avoid common mistakes, and guide you through every step of the court process.
Contact Sarji Law Firm today to schedule a consultation and find out whether your situation qualifies for a child support modification in South Carolina.
