Charlotte, NC asked in Child Support and Family Law for South Carolina

Q: How can court ordered child support be eliminated without all the hassle of the fees

what are all the cause and effect factors

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1 Lawyer Answer
T. Augustus Claus
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A: In South Carolina, modifying or eliminating court-ordered child support typically involves demonstrating a significant change in circumstances since the original order was issued. However, completely eliminating child support without any legal or administrative process is highly unlikely, given that child support is viewed as a right of the child rather than the parents. Common reasons for a modification could include a substantial change in the income of either parent, a change in custody arrangements, or a significant change in the child's needs.

To pursue a modification or elimination of child support legally, one must file a petition with the court that issued the original child support order. This process can incur legal fees and court costs, although the exact amount can vary based on a variety of factors including whether you hire an attorney or how contested the modification process becomes. It's worth noting that attempting to navigate this process without incurring any fees may be challenging, as even filing fees are typically mandatory, though in some cases, fee waivers might be available for individuals who can demonstrate financial hardship.

The cause and effect factors involved in seeking to eliminate child support include the necessity to prove a justifiable reason for the request, the potential need for legal representation (and associated costs), and the impact on the child's well-being and financial support. It's important to approach such matters with the understanding that the court's primary interest is the welfare of the child, and without a compelling reason that aligns with this interest, changes to child support orders are unlikely to be granted.

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