Greenville, SC asked in Child Support for South Carolina

Q: My ex husband is over $25,000 behind in back child support. His child support payment is based on income of $700 month

Our 3 children are over 18 now

Can I ask the judge to modify his payment amount based on his current income of approximately 2100.00 month.

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1 Lawyer Answer
Megan Hunt Dell
Megan Hunt Dell
  • Charleston, SC
  • Licensed in South Carolina

A: If he has previously been held in contempt for failure to pay, then he is likely ordered to pay the arrears at a court-ordered rate. If you believe he is earning more income than before -- and that you can provide evidence of his greater income -- then you could file an action to modify the prior order establishing the arrears payment to increase how much he has to pay toward the arrears each month.

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