Child Support Modification - South Carolina

PETITION FOR MODIFICATION OF CHILD SUPPORT OBLIGATION

Before you use this: Match the caption and filing route to the existing case; confirm current summons, service, financial-declaration and local filing requirements. Identify Title IV-D involvement and any interstate order before completing the jurisdiction and requested effective date.

I. DOCUMENT HEADER

IN THE FAMILY COURT OF THE [NUMBER] JUDICIAL CIRCUIT

STATE OF SOUTH CAROLINA — COUNTY OF [COUNTY]

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 [ISSUING TRIBUNAL / COUNTY / STATE], Docket No. [CASE NUMBER].

1.3 “Guidelines” means the South Carolina Child Support Guidelines, S.C. Code Regs. §§ 114-4710, 114-4720, 114-4740 and 114-4750, and the schedule and worksheet applicable to the actual custody arrangement. The calculation attached here uses [WORKSHEET / CURRENT VERSION / DATE].

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 “Changed Circumstances” means the specific changes alleged below as the basis for modification under S.C. Code § 63-17-310. The income amount, timing and effect are alleged as facts supporting the requested modification. Under § 63-17-470(B), application of the Guidelines alone is not a change in circumstances, except in a Title IV-D case.

2. PARTIES, JURISDICTION, AND VENUE

2.1 Petitioner [FULL NAME] resides at [ADDRESS, COUNTY, STATE, ZIP]. Residence history relevant to the actual jurisdictional route is [FACTS AND DATES].

2.2 Respondent [FULL NAME] resides at [ADDRESS, COUNTY, STATE, ZIP]. Personal jurisdiction and service basis: [FACTS / CURRENT AUTHORITY / SERVICE RECORD].

2.3 The Current Order was issued in [STATE / TRIBUNAL] and is [THE CONTROLLING ORDER / IDENTIFY OTHER ORDERS]. For a South Carolina controlling order, the asserted continuing-exclusive-jurisdiction basis under S.C. Code § 63-17-3050(A) is ☐ South Carolina residence of the obligor, individual obligee or child when modification is requested ☐ the parties’ consent in a record or open court despite all living elsewhere. Supporting facts: [DETAILS]. Any consent to transfer modification jurisdiction or later controlling order under § 63-17-3050(B) is [DETAILS / NONE]. For an order issued elsewhere, state the separately verified registration and modification basis: [AUTHORITY AND FACTS].

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, the following changed circumstances have 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 Petitioner requests a finding that the identified facts warrant modification under S.C. Code § 63-17-310. Title IV-D status and agency involvement are [DETAILS / NONE]. Any Guidelines-only review request must identify its qualifying Title IV-D route; the Department of Social Services periodic-review process under S.C. Code Regs. § 114-4740 is separate from an automatic judicial adjustment.

5. CURRENT FINANCIAL CIRCUMSTANCES & GUIDELINE CALCULATION

5.1 Attached as Exhibit A is Petitioner’s completed current financial declaration [FORM IDENTIFIER / VERSION / DATE], with income records [LIST]. The financial declaration and records support the income-verification analysis under S.C. Code Regs. § 114-4720(A)(6).

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].

5.4 Guideline calculation and any deviation. Exhibit B contains the completed applicable worksheet, income adjustments, child-specific health costs and adjusted employment-related child-care costs. The proposed amount is the presumptive guideline amount under S.C. Code § 63-17-470(A), or Petitioner requests this deviation: [AMOUNT / FACTS / JUSTIFICATION / NONE]. A significant deviation requires specific written findings, including the guideline amount and justification.

6. REQUESTED RELIEF

Petitioner respectfully requests that the Court enter an Order that:

6.1 Finds that the pleaded changed circumstances warrant modification.

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. Allocation of reasonable and necessary unreimbursed medical expenses exceeding the $250 per-child annual amount included in the basic schedule, in proportion to combined monthly adjusted gross income under S.C. Code Regs. § 114-4720(A)(12), with regularly recurring extraordinary expenses treated under (A)(13) without duplicate reimbursement;
b. Continuation of health-insurance coverage for the Child(ren);
c. [Other appropriate add-ons].

6.3 Provides for income withholding under S.C. Code § 63-17-1420(A), subject to its good-cause finding or written alternative-arrangement exception. Current employer/payor is [NAME AND ADDRESS]; any asserted exception and supporting evidence are [DETAILS / NONE].

6.4 Sets the modification’s effective date at [DATE] and the resulting adjustment at $[AMOUNT], with calculation [DETAILS]. Filing occurred on [DATE] and service on [DATE]. Under S.C. Code § 63-17-310, modification cannot affect any installment accruing before both filing and service. Any requested treatment of existing arrears is stated separately: [REQUEST / AUTHORITY / NONE].

6.5 If warranted, orders future exchange of specified income records [DOCUMENTS / PROPOSED FREQUENCY / PROPOSED DELIVERY EVENT]. This is a requested order term; no statewide annual April deadline is asserted.

6.6 Awards suit money, including reasonable attorney’s fees, if the pleaded request is well-founded under S.C. Code § 63-3-530(A)(38), based on [SUPPORTING FACTS AND AMOUNT].

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 Later changes. A later income change may support a properly filed and served modification action under S.C. Code § 63-17-310 or an applicable agency review. Any later adjustment requires the applicable court or agency action.

7.3 Separate enforcement requests, if any: [IDENTIFY EXISTING ARREARS, AGENCY INVOLVEMENT, REQUESTED REMEDY AND CURRENT AUTHORITY / NONE]. Tax intercept, reporting, license action or contempt is not initiated by this Petition alone. Any enforcement relief must follow its applicable notice, hearing and proof requirements.

8. GENERAL PROVISIONS

8.1 This Petition requests a Family Court determination without intervention of a jury under S.C. Code § 63-3-530(A)(30). No arbitration agreement is created by this filing.

8.2 Petitioner requests determination by the Family Court for [COUNTY], South Carolina, under the jurisdictional basis stated above and the state and federal law applicable to the actual order.

8.3 Petitioner requests modification only of these existing provisions: [ORDER / PARAGRAPHS]. Any additional requested change is [DETAILS / NONE].

8.4 Petitioner requests that the entered order identify the support provisions replaced and the provisions that continue, subject to the controlling-order determination.

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 [IDENTIFY PETITION, SUMMONS AND ACTUAL EXHIBITS] on [RECIPIENT AND CAPACITY] at [ADDRESS] on [DATE] at [TIME] by [METHOD AUTHORIZED BY CURRENT RULE OR ORDER]. Authority for this method and any required additional service: [RULE / ORDER / DETAILS]. Attach the required return or affidavit of service [IDENTIFIER].

_________________________
[NAME], [Title]