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Form 216 - General Answer to a Petition for Dissolution of Marriage with Children, Form.
If you have a child support order through the Department of Social Services, both you and the other parent can request a review of the order every three years. However, child support is sometimes ordered through the South Carolina Department of Social Services (DSS) Child Support Division.
Both the custodial parent and the non-custodial parent have the right to request that the CSSD review the child support order every three years. The review may indicate that an upward or downward modification of child support is warranted.
Child support modifications can be either an increase or decrease in the amount of child support a person is ordered to pay. Child support is typically reviewed every 3 years to determine whether or not a modification is necessary if the South Carolina Department of Social Services is involved in the support payments.
In general, the family court judge does have the discretion to award retroactive child support, and, as in all family court cases, the best interest of the children is paramount.
The South Carolina guidelines establish a basic child support obligation average between $793 to $1628. This range applies to parents of one to six children. For example, a non-custodial parent of three children earns $3,000 a month.
Enforcement of past due child support in South Carolina is not subject to a statute of limitations.
What changes in circumstances qualify for modification? Either parent is laid off or fired through no fault of their own. The payor has another child to support. The child now resides with the payor instead of the recipient, which changes how much the recipient expends now that the child does not live under their roof.