Modification of an Existing Agreement

Issues involving children may be modified (or changed) up until a child is emancipated (typically when a child turns 18 or graduates from high school, whichever occurs last). Either parent may petition the Court to modify an existing agreement in regards to issues that deal with a child or children. These issues include, custody, visitation, and child support. In order to modify an existing agreement, the parent wishing to modify the agreement must show a substantial or material change in the circumstances. 

The most common modification to an existing agreement is the modification of child support.  Once a court has ordered one parent to pay the other parent-child support, the parent wishing to modify the support order must show a change in either the child’s needs or the supporting or supported parent’s financial ability. In other words, a substantial or material change of circumstances.

Some examples of changes that might justify modification could be one parent getting a much higher paying job, or both parents changing the parenting arrangement to either start or discontinue shared parenting. In South Carolina, the obligation to pay child support may end when a child turns 18, when he or she graduates from high school, or becomes emancipated, whichever happens later.

Child custody and visitation may also be modified upon a substantial or material change in the circumstances as well. If you need an Attorney to help you modify an existing agreement dealing with custody, visitation, and or child support contact us.

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