South Carolina family court has exclusive, continuing jurisdiction over family court matters. As such, the family court has the power to modify prior orders regarding custody, child support and spousal support. While the South Carolina family court Judge is the only person who can modify the court order, if you and the other party agree to changes in the current order, an experienced South Carolina family law attorney can assist you with seeking the court’s approval to the modified terms of the Order. Court orders regarding property division are not modifiable, unless there is evidence of fraud. Additionally, if a party fails to seek alimony prior to a final divorce being entered, the court does not enter an award at a later date.
With respect to child custody matters, the family court in South Carolina is charged with making determinations in the best interest of the minor child(ren). In an initial determination of custody, the family court evaluates both parents and their abilities to care for the minor child(ren) and the circumstances of the parties and the child(ren), and ultimately decides based on evidence and testimony presented, what is in the best interest of the minor child(ren). Contrary to an initial determination, the family court is unable to make a modification of change to the custodial order until they are able to find from evidence and testimony that there is a “material change in circumstances” that occurred after the initial order was entered, and that change substantially affects the best interests of the minor child(ren). If the court is able to find those things, the court then moves to the determination of what is now in the best interest of the minor child(ren).
Child Support orders are always subject to review of the family court, which require a showing of a material change in circumstances or a material change in the child’s needs or a change in a parent’s ability to pay support.
The experienced family law attorneys with Conrad Trosch & Kemmy, P.A. are skilled in assisting with your modification actions.