Posts Tagged ‘Child Support Modification’

Court of Appeals refuses to apply lump sum social security disability auxiliary benefits to pre disability child support arrearage

In the January 17, 2018, opinion in Scott v. Scott, the Court of Appeals refused to apply lump sum social security disability auxiliary benefits to a pre-disability child support arrearage. In Scott, Father had a child support arrearage when he became disabled. He petitioned for, and obtained, a temporary reduction in his child support obligation. […]

Changes in the non-custodial parent’s income have a much bigger impact on child support than changes in the custodial parent’s income

Child support can be modified based upon a substantial change of circumstances. Common circumstances that justify a child support modification are when work-related child care expenses drop (typically when the child starts kindergarten or is old enough to no longer need after school care) or when one, but not all, of the children supported by […]

When seeking to modify child support, it’s imperative to file and serve a complaint

In most areas of family law practice negotiating before filing a contested action can reduce the stress and expense of litigation.  However, when one is trying to modify child support, it is imperative to file and serve the action as soon as possible. The reason is S.C. Code § 63-17-310, which reads: The family court […]

Hawkins affirms denial of child support reduction to downsized, underemployed father

The April 17, 2013 Court of Appeals opinion in Hawkins v. Hawkins, 403 S.C. 228, 742 S.E.2d 677 (Ct. App. 2013) demonstrates the continued reluctance of the family courts to reduce child support obligations for downsized non-custodial parents. In Hawkins, the parties’ divorce decree specifically allowed child support to be recalculated pursuant to the South Carolina Child Support […]

SCDSS v. Polite pits pro se against the bureaucracy in a philosophical argument about the nature of justice

An aphorism first year law students are told is “bad facts make bad law.”  The January 19, 2011 Court of Appeals opinion in SCDSS v. Polite, 391 S.C. 275, 705 S.E.2d 78 (Ct. App. 2011), has particularly compelling “bad facts.”  A pro se father’s failure to comply with strict pleading requirements resulted in a seventeen month delay in […]

When to file a contested marital dissolution action before negotiating and when not to request a temporary hearing when filing a contested family court case

It is my experience that most family law attorneys in South Carolina reflexively file a motion for temporary relief when filing a contested family court action or fail to file a marital dissolution action when they hope to negotiate a separation agreement.  Yet I know of two good reasons (there may be others) to file […]

Financial declarations with an eye toward the future

Just the past week I have closed a support modification case in which a party’s financial declaration understates that party’s projected future income and taken over another support modification case in which my client did not have the financial declarations the court used to approve his previous support agreement.  These are not uncommon experiences but […]

Easy clients/hard clients

A spouse or parent walks into an attorney’s office with a “relationship” problem: he isn’t getting along with his wife and wants out of the marriage; she and the child’s father disagree over how much time he should spend with that child.  Such problems don’t have an obvious or correct solution; rather, to resolve them […]

 

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