PETITION FOR MODIFICATION OF CHILD SUPPORT OBLIGATION

[// GUIDANCE: Tailor caption to local family-court formatting requirements; adjust margins, font, and case style to match county practice.]

I. DOCUMENT HEADER

IN THE FAMILY COURT OF THE [__] JUDICIAL CIRCUIT
STATE OF SOUTH CAROLINA
COUNTY OF [__]

PETITION FOR MODIFICATION OF CHILD SUPPORT
(Related to minor child[ren] : [NAME(S) & DOB(S)])

Effective Date of Original Order: [MM/DD/YYYY]
Date Filed: [MM/DD/YYYY]

II. TABLE OF CONTENTS

1. Definitions
2. Parties, Jurisdiction, and Venue
3. Procedural History
4. Grounds for Modification
5. Current Financial Circumstances & Guideline Calculation
6. Requested Relief
7. Enforcement Mechanisms
8. General Provisions
9. Verification
10. Signature Blocks
11. Certificate of Service

1. DEFINITIONS

For purposes of this Petition the following capitalized terms shall have the meanings set forth below:

1.1 “Child” or “Children” means the minor child or children of the Parties identified in the caption whose support is at issue.

1.2 “Current Order” means the Child Support Order entered on [MM/DD/YYYY] by the Family Court of [County], South Carolina, Docket No. [______].

1.3 “Guidelines” means the South Carolina Child Support Guidelines as periodically promulgated pursuant to state law and federal Title IV-D requirements.
[// GUIDANCE: Do not cite specific regulation numbers unless counsel double-checks latest version.]

1.4 “Obligee” means the parent presently receiving child support (currently the [Petitioner/Respondent]).

1.5 “Obligor” means the parent presently paying child support (currently the [Petitioner/Respondent]).

1.6 “Substantial Change in Circumstances” means a material, unanticipated, and continuing change—occurring after entry of the Current Order—affecting the financial needs of the Child(ren) or the financial ability of either Party to provide support, including but not limited to income fluctuation of 15 % or more, change in custody/visitation, emancipation, or healthcare costs.

2. PARTIES, JURISDICTION, AND VENUE

2.1 Petitioner [FULL NAME], age [__], resides at [ADDRESS, COUNTY, STATE, ZIP], and has resided in South Carolina for more than ninety (90) days immediately preceding the filing of this Petition.

2.2 Respondent [FULL NAME], age [__], resides at [ADDRESS, COUNTY, STATE, ZIP].

2.3 This Court has continuing exclusive jurisdiction over this matter pursuant to state family law because the Current Order was issued in this State and at least one Party or the Child(ren) remain resident herein.

2.4 Venue is proper in [COUNTY] pursuant to South Carolina family-court venue provisions because [brief venue basis].

3. PROCEDURAL HISTORY

3.1 On [MM/DD/YYYY], the Court entered the Current Order requiring the Obligor to pay child support in the amount of $[__] per [week/bi-week/month], plus [describe any add-ons (e.g., health insurance, work-related child-care, extracurriculars)].

3.2 Since entry of the Current Order, the Parties have substantially complied with their respective obligations except as otherwise set forth herein.

4. GROUNDS FOR MODIFICATION

4.1 Since the date of the Current Order, a Substantial Change in Circumstances has occurred, including but not limited to:
a. A verified change in the Obligor’s gross income from $[OLD INCOME] to $[NEW INCOME];
b. A verified change in the Obligee’s gross income from $[OLD INCOME] to $[NEW INCOME];
c. Change in Child-care costs from $[OLD COST] to $[NEW COST];
d. [Any change in custody/visitation impacting overnights];
e. [Any extraordinary medical/educational expenses];
f. [Any emancipation or addition of a child].

4.2 These changes are material, ongoing, and were not contemplated at the time the Current Order was entered.

4.3 Under the Guidelines and controlling South Carolina case law, such changes warrant judicial recalculation of the child-support obligation.

5. CURRENT FINANCIAL CIRCUMSTANCES & GUIDELINE CALCULATION

5.1 Attached hereto as Exhibit A is Petitioner’s fully-executed South Carolina Financial Declaration (Form SCCA/430).
[// GUIDANCE: Attach Respondent’s declaration when received or move for compelled production under Rule 25, SCRFC.]

5.2 Guideline Inputs (based on most recent verified data):

5.3 Preliminary Guideline Outcome: Proposed monthly child-support obligation of $[___] payable by [Obligor/Obligee] to [Obligee/Obligor].
[// GUIDANCE: Provide printout of official Guideline worksheet as Exhibit B.]

5.4 Income-Percentage Cap: The proposed obligation does not exceed applicable percentage caps relative to the Obligor’s gross income.
[// GUIDANCE: South Carolina’s Guidelines set thresholds; verify cap compliance.]

6. REQUESTED RELIEF

Petitioner respectfully requests that the Court enter an Order that:

6.1 Finds that a Substantial Change in Circumstances exists.

6.2 Vacates the child-support provisions of the Current Order and substitutes a Modified Child Support Order obligating [Obligor] to pay $[___] per [frequency] commencing [MM/DD/YYYY], plus:
a. [Pro-rata share] of unreimbursed medical/dental expenses per Guidelines;
b. Continuation of health-insurance coverage for the Child(ren);
c. [Other appropriate add-ons].

6.3 Issues an immediate Income Withholding Order directed to [Obligor]’s employer, [EMPLOYER NAME & ADDRESS], authorizing wage garnishment as allowed under state and federal law.

6.4 Awards retroactive support from the date this Petition was served, or from [alternate date], in the amount of $[___], with payment plan set forth in the Modified Order.

6.5 Requires exchange of updated income documentation annually (e.g., W-2, 1099, most recent pay stubs, and tax returns) within thirty (30) days of each April 15.

6.6 Awards reasonable attorney’s fees and costs to the Petitioner.
[// GUIDANCE: Omit if attorney’s fees not sought.]

6.7 Grants such other and further relief as the Court deems just and proper.

7. ENFORCEMENT MECHANISMS

7.1 Income Withholding & Wage Garnishment: As set forth above.

7.2 Automatic Adjustment: Should either Party’s verified gross income vary by more than fifteen percent (15 %) for three (3) consecutive months, either Party may file an affidavit-only motion for adjustment without formal service of process.
[// GUIDANCE: This “auto-adjust” language aids future efficiency; confirm local judge’s receptiveness.]

7.3 Tax Intercept & Credit Bureau Reporting: Upon accumulation of past-due support equal to or exceeding $[threshold], Petitioner may seek tax-refund intercept and negative credit reporting.

7.4 Contempt & Sanctions: Non-payment constitutes prima facie evidence of contempt, subjecting the delinquent Party to fines, incarceration, license suspension, and other remedies.

8. GENERAL PROVISIONS

8.1 No Arbitration / No Jury: Family Court in South Carolina does not employ arbitration or jury trials in child-support matters.

8.2 Governing Law & Forum: All issues shall be governed exclusively by South Carolina family law, with venue fixed in the Family Court for [County], South Carolina.

8.3 Severability: If any provision of the Modified Order is found unenforceable, the remaining provisions shall remain in full force to the maximum extent permissible.

8.4 Integration: The Modified Order shall supersede all prior inconsistent child-support provisions between the Parties.

9. VERIFICATION

I, [PETITIONER NAME], being duly sworn, state that I have read the foregoing Petition and to the best of my knowledge and belief the facts set forth herein are true and correct.

[PETITIONER NAME]

Subscribed and sworn before me this _ day of _, 20__.

Notary Public for South Carolina
My Commission Expires: ____

10. SIGNATURE BLOCKS

Respectfully submitted this _ day of _, 20__.

[LAW FIRM NAME]
By: ____
[ATTORNEY NAME], SC Bar No. [_]
Address: [__]
Telephone: [_]
Email: [______]
Attorney for Petitioner

11. CERTIFICATE OF SERVICE

I certify that I served a true and correct copy of this Petition and all referenced exhibits on the Respondent by [hand-delivery/certified mail/authorized process server] at [ADDRESS] on the _ day of _, 20__.

[NAME], [Title]

[// GUIDANCE:
1. Attach Exhibits A (Financial Declaration) and B (Guideline Worksheet).
2. File along with Summons (Form SCCA/400) if initiating a new docket number.
3. Calendar a temporary hearing if immediate relief is required.
4. Confirm compliance with mandatory mediation rules if local county requires pre-hearing mediation in domestic-relations cases.
5. Provide the Clerk with a proposed Income Withholding Order (Form DSS Form #F-450).]