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Modification Of Family Law Orders

The court has required you to make family-related payments, but your situation has changed. What do you do now? Many people lose their jobs, or you might not be getting that big bonus at work that you have been getting for years. Situations like that can dramatically change your income, and they can affect how much child or spousal support you can pay.

You probably have many questions. Our staff at The Law Office of Daniel D. Kienker, LLC, can answer some of them.

What Is A Motion To Modify?

This is a request made to the court to change an existing court order. This is a hearing that is an attempt to alter your financial responsibilities because your personal and professional situation has changed.

What Can Be Modified?

A court can modify spousal support (alimony), child support and child custody. The court will not change the division of property or who is responsible for debts.

Can My Former Partner Get Lower Child Support Payments If They Quit Their Job?

Depending on the situations, most courts will not see quitting a job as a valid reason to lower child support payments. There are some incidents that can lead to lower payments, like returning to school to get the education needed to get a better job.

Will My Situation Get Worse If I Modify My Court Order?

It is possible. Modification of support orders often lead to additional changes that could be detrimental to you. Your parenting plan could be changed.

Can I Modify Child Custody If My Former Partner Is In Prison?

Yes. Custody and visitation can change if either of the parents is unable to care for the children. The court will always take the children's best interest into consideration. If a parent is incarcerated, their situation has changed.

What Situations Require Child Care Modifications?

Some common reasons include:

  • A change in a child's activities, needs or interests
  • One of the parents moves out of state and visitation gets difficult
  • Changes in work schedules
  • Violence in the home
  • Domestic, physical or sexual abuse

Do I Need Legal Help If I Know What To Expect?

Legal assistance is always your best option. We can manage the situation and help you through the legal process. Contact South Carolina's experienced family law professionals via email or call us at 803-470-0447.

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