This form is used to justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.
Title: Understanding South Carolina's Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support Introduction: The South Carolina family court understands that circumstances can change over time, including the financial situation of either parent or the needs of the child. In cases where the initial child support arrangement no longer reflects the current needs or financial status, South Carolina law allows for a Motion to Modify or Amend a Divorce Decree to Provide for an Increase in the Amount of Child Support. This legal process aims to ensure that children are adequately supported and that the child support amount reflects the current situation. Types of South Carolina Motions to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support: 1. Modifying Child Support due to Financial Changes: When a substantial change in income or financial circumstances has occurred since the original child support order, a parent can file a motion to modify the child support amount. Relevant financial changes may include job loss, an increase in income, or a change in employment status. 2. Modifying Child Support due to Increased Expenses: Sometimes, the financial needs of the child significantly increase following the initial child support order. This may occur when the child requires additional medical care, education expenses, or any other relevant increased costs. A parent can file a motion to modify the child support amount to reflect these new expenses adequately. 3. Modifying Child Support due to Changes in Child's Needs: As children grow older, their needs can change. This could include increased school-related expenses, extracurricular activities, or healthcare requirements. If these changes are significant and impact the child's well-being, a parent can file a motion to modify the child support order and request an increase to cover these additional needs. 4. Modifying Child Support due to Parent's Relocation: If one parent is planning to relocate, it may significantly affect the child support arrangement. Factors such as increased transportation costs or changes in the child's living arrangements may warrant a modification of the child support order. The relocating parent can file a motion to adjust the child support amount accordingly. Procedure for Filing a Motion to Modify or Amend Divorce Decree for Increased Child Support: 1. Obtain the Necessary Forms: Visit the South Carolina family court's website or local courthouse to obtain the appropriate forms for a Motion to Modify or Amend Divorce Decree to Provide for an Increase in the Amount of Child Support. 2. Complete the Forms: Carefully fill out the required fields on the forms, ensuring accuracy and attention to detail. 3. Attach Supporting Documents: Gather any relevant supporting documentation, such as updated financial records, proof of increased expenses, or any other evidence that substantiates the need for a child support modification. 4. Submit the Forms: File the completed forms and documents with the clerk of the family court. Pay any applicable filing fees. 5. Serve the Other Parent: Serve the other parent with a copy of the filed forms and supporting documents through a proper legal service, such as a process server or certified mail. 6. Attend the Court Hearing: Attend the scheduled court hearing where both parties can present their arguments regarding the modification request. Conclusion: The South Carolina Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support allows parents to request a modification to the child support order when circumstances change significantly. Whether it's due to financial changes, increased expenses, changes in the child's needs, or parental relocation, both parents have the opportunity to ensure the child's best interests are met. It is essential to follow the proper legal procedure and seek professional assistance if necessary to navigate the complexities of amending child support orders effectively.
