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EspañolCan a child support order be changed?
Either parent can file to have the child support order changed (modified) if there are important (material) or substantial changes in circumstances. This can happen, for example, if there’s a change in the child’s needs or if either parent’s income changes. If you ask for the review, you will have to present evidence to convince the judge that the circumstances changed so much that the child support order should be modified. If the judge agrees, s/he will look at the same factors that were considered to establish the initial order.1
The South Carolina Department of Social Services (DSS) can change the child support order if you and the other parent agree. However, if one parent doesn’t agree with the child support change, DSS can present the case before a family court judge.2 If you are not receiving DSS services, you can look into that option or file in family court. You can see the child support modification packets on the South Carolina Courts website.
1 Miller v. Miller, 299 S.C. 307, 384 S.E.2d 715 (1989)
2 Establishing or Modifying a Child Support Order, South Carolina Department of Social Services (2024)
If the other parent fails to pay support, what can I do?
Both parents have a legal obligation to support their child. If the non-custodial parent is not making the child support payments ordered, you can file for enforcement at the South Carolina Department of Social Services (DSS) or in court.
A judge or DSS have different options to enforce the child support order, such as:
- taking it from the non-custodial parent’s wages, unemployment, worker’s compensation benefits, or income tax refunds; and
- revoking the non-custodial parent’s occupational, professional, or driver’s license.1
In some cases, there can even be jail time ordered for not complying with the order of the court.2
Note: If the other parent is not following the child support order, don’t wait too long to request that it be enforced. The South Carolina Supreme Court has established that it wouldn’t be fair to enforce an order that hasn’t been paid for a long time when the custodial parent was not diligent in requesting enforcement.3 In this specific court case, the parent waited more than 20 years to enforce the order but, it’s possible another court might rule similarly based on waiting a shorter period of time.
1 S.C. Code § 63-17-310; Frequently Asked Questions, South Carolina Department of Social Services
2 S.C. Code § 63-5-20
3 Hallums v. Hallums, 296 S.C. 195, 371 S.E.2d 525 (1988)
Where can I find additional information about child support?
If you need more information about child support, here are some resources that may be helpful:
- What You Need to Know About Child Support from the South Carolina Appleseed Legal Justice Center;
- Child Support Legal Information from the South Carolina Legal Services;
- South Carolina Child Support Information and Guidelines and Additional Resources from the South Carolina Department of Social Services; and
- South Carolina Child Support Calculator.
WomensLaw.org is not affiliated with any of the above websites. We provide the links for your information only.
