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South Carolina Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support - Minor Left Home, Living Independently, Refuses to Work or Go to School

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The following form is a Petition that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


A South Carolina Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support may be filed when a minor child has left home, is living independently, and refuses to work or go to school. This legal document allows parents to request a change or termination of child support obligations under these specific circumstances. In South Carolina, there are different types of joint petitions that can be filed to modify or amend a divorce decree when a minor child has left home, is living independently, and refuses to work or go to school. These variations include: 1. South Carolina Joint Petition to Modify Child Support — Minor Left Home, Living Independently, Refuses to Work or Go to School: This type of joint petition is filed when one or both parents believe that child support payments should be modified or terminated due to the minor child's actions of leaving home, living independently, and refusing to work or attend school. The petition sets out the specific grounds for the modification and requests the court to terminate or modify the child support order accordingly. 2. South Carolina Joint Petition to Amend Divorce Decree — Child Support Termination: If the divorced parents have already established a child support order within their divorce decree, this joint petition is used to request an amendment or termination of the child support obligation. The petition should provide detailed evidence supporting the claim that the child has left home, is living independently, and refuses to work or go to school. 3. South Carolina Joint Petition for Modification of Child Support and Custody — Child Not Meeting Educational or Employment Obligations: If the minor child is not meeting educational or employment obligations as agreed upon in the divorce decree, this joint petition can be filed. It not only addresses the termination or modification of child support but also seeks to modify custody, visitation, or other related aspects of the parenting plan. In any of these joint petitions, it is crucial to provide substantial evidence to support the claim that the child has voluntarily left home, is living independently, and is refusing to engage in any education or work opportunities. The petitioners must ensure that the court understands the circumstances and reasons behind their request for modification or termination of child support. Note: It is strongly recommended that individuals seeking legal assistance or guidance consult with a qualified South Carolina family attorney to understand the specific requirements, procedures, and deadlines related to filing any joint petition in South Carolina.

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FAQ

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. The custodial parent of all three children earns $1,500 per month.

While having another child may not directly reduce your child support obligation, it can indirectly affect the amount you must pay. The courts consider various factors when determining child support, including the income of both parents, the needs of the child, and the custody arrangement.

A court will not approve a divorce modification without a substantial change of circumstances for at least one of the two parties. Seeking modification without a substantive claim, or for a minor issue, may be seen as a nuisance to the court and may hurt your long term chances of modifying a divorce order.

You may stop paying child support when you receive a signed order from a family court judge ending your responsibility to pay child support. You can request to stop your child support payments because your child is emancipated (e.g., your child has turned 18, is married, becomes self-supporting, etc.).

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.

Ask for a support modification You could ask the court to modify the support order if you have proof there have been significant changes that impact your ability to pay support. This includes changes in income, expenses and parenting time. Be sure to report any changes in your income immediately.

There is no statute of limitations on the collection of court ordered child support. ?The family court may always modify child support upon a proper showing of a change in either the child's needs or the supporting parent's financial ability.? Upchurch v. Upchurch, 367 S.C.

In South Carolina, parents have a legal obligation the duty to support their minor children financially until they turn eighteen, become emancipated, or graduate from high school otherwise known as ?child support.? Child support is paid by a non-custodial parent for the support of his or her children.

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Do you have a complaint regarding services being provided to a child by a state agency? Please submit your complaint by phone (1-800-206-1957) or an electronic ... (11) "Modification" means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the ...Jul 27, 2016 — It is important to seek representation from an attorney if you are seeking to terminate or extend your child support obligation. This authority includes the right to modify any such decree, judgment, or order for child support as the court considers necessary upon a showing of changed ... It clarifies UCCJA provisions that have received conflicting interpretations in courts across the coun- try, codifies practices that have effective- ly reduced ... If the other parent does not want to change child support, you can re-open a divorce or custody case and file a motion to change child support. You will ... Jul 31, 2023 — Start by Filing an order of child support modification in the county where your divorce took place. Most courts/county have people who can ... This case involves the Fifth, Eleventh and Fourteenth Amendments to the United States Constitution. Amendment V No person shall be held to answer for a capital, ... Feb 8, 2023 — This article will review the top ten factors a court uses to determine if a parent is unfit for custody of a child. When you are in arrears on support, the state may take a number of steps to force you to pay what you pay, including garnishing your wages and applying your tax ...

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South Carolina Joint Petition to Modify or Amend Divorce Decree by Terminating Child Support - Minor Left Home, Living Independently, Refuses to Work or Go to School