When Child Support Can Be Modified
Child support isn’t set in stone. In South Carolina, either parent can ask the court to modify child support if there’s a substantial change in circumstances — including a change in income.
That means if your salary increases significantly, the other parent (or the court) may request a review to determine whether the support amount should be adjusted.
What Counts as a “Substantial Change”
South Carolina family courts don’t define an exact percentage, but judges in Lexington typically look for meaningful, long-term income shifts — not just short-term bonuses or overtime.
Examples include:
- A promotion or new job with higher pay.
- Starting a business that increases income.
- Receiving inheritance or investment income that boosts financial resources.
If your income change is minor or temporary, the court may not approve a modification.
How the Process Works
To request a change, you or your attorney must file a petition for modification with the family court. The process includes:
- Providing documentation of your new income (pay stubs, tax returns, etc.).
- Showing how circumstances have changed since the original order.
- Attending a court hearing where both parents can present evidence.
Until the court approves the change, your current order remains in effect — meaning you must continue paying the existing amount.
What Happens If You Don’t Report an Income Increase
Failing to report a major increase could backfire. If the other parent later proves you withheld information, the court can order retroactive payments or even sanctions for bad faith conduct.
Judges in Lexington County emphasize honesty — it’s better to address changes proactively than risk a court order later.
Quick FAQs
Can support go up if I start earning more?
Yes. If the increase is significant and affects the child’s needs, the court may raise support.
Can I request a decrease if my income drops?
Yes. A job loss or pay cut may also qualify for modification.
Do we need to go to court for changes?
Yes. Only a judge can legally modify a child support order in South Carolina.
If your income has changed and you’re unsure how it affects your child support, call The Farley Law Firm today to schedule a confidential consultation and learn your options in Lexington family court.
Disclaimer
This information is for general education only and is not legal advice. Schedule a consultation to discuss your situation.
