Legal Services

Child Support

Resolving the Issues of Family Law

You can be sued for child support, or you can initiate a child support action on behalf of your child, and the process can be complicated and confusing. Taking care of your child is your number one priority, and you may need an attorney to guide you through the process of making sure that your child is appropriately cared for. As a Sumter family law attorney, Montgomery and Hart are able to provide exceptional legal representation in all child support cases.

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What Is Child Support?

Noncustodial parents provide support to their children by paying child support. Court-ordered child support in South Carolina is based on child support guidelines that consider the income of both parents. Almost all states review and update their child support guidelines every four years. The amount of support is based on gross income. In determining the amount of child support, extra medical expenses, health insurance, child care costs, and the number of other children in the home are taken into account, and child support and alimony.

How Is Child Support Determined?

During a divorce, the amount of child support you may be ordered to pay or seek is determined by statute and based on the South Carolina Child Support Guidelines. When the court makes decisions regarding child support, the court will take into account the gross income of both parents as well as other child-related expenses such as daycare and health insurance. Each party will be required to submit a Financial Declaration and proof of income, and the court will use the South Carolina Child Support Guidelines to calculate the amount of child support to be paid. If you also choose to pay child support through the Clerk of Court’s office, there is a 5% administrative fee added to each payment made to the custodial parent.

In the presence of a child support order already established, either party may petition the court to modify the amount based on a substantial change in circumstances, such as a reduction in income or a loss of employment.

Child Support Basics

Children are entitled to child support, not parents. A state’s guidelines or formula for assigning child support considers both parents’ income and parenting time and the parent’s relationship with their child. The amount of child support ordered by the court must be paid until a new child support order is issued.

Children’s support awards are taken seriously by courts, and a deadbeat parent’s failure to pay can lead to severe penalties. When you fail to pay child support, for example, your wages may be garnished, you may lose your driver’s license or other licenses, and you may even be jailed. If a court orders you to pay child support, you must do so unless you have very compelling reasons not to.

What Does a Child Support Lawyer Do?

Child support attorneys are family law attorneys who specialize in child-related issues, such as custody, visitation, and support. Modifications of child support usually require a hearing before a judge. Montgomery and Hart can help you prepare for the hearing, gather substantial evidence, and present your case to the court.

Hearing Preparation

When you undergo a divorce or custody proceeding for the first time, you will have to establish child support, usually at a temporary orders hearing or trial. If you need to change an existing child support order, our family law attorney can help you file a modification request (sometimes called a “motion to modify”). You’ll need to provide your attorney with supporting documents, such as tax returns, pay stubs, and other financial information that shows what each parent makes.

Attorneys specializing in family law handle what kind of matters?

Divorce attorneys usually handle property division, alimony, child custody, and child support modification. Furthermore, they take child custody and support cases for parents who have never been married.

The experienced family law attorneys at Montgomery and Hart can help you ensure that the child support award you receive is appropriate according to your state’s laws. Our skilled attorneys can guide you through the steps you need to take in order to reduce your child support amount if you can no longer make your child support payments.

Is it possible to reduce my child support payments with the help of a lawyer?

If you are wondering, “Can a lawyer decrease my child support payments?” a family law attorney can help you with child support issues, including establishing, enforcing, and changing child support payments. If you hire one of our attorneys to reduce your payments, we will first file a petition (legal paperwork) asking the court for a reduction. Every state has its own rules for deciding when to reduce child support, but in most states, you need to prove that a substantial change in circumstances has prevented you from paying court-ordered child support.

The term “substantial change in circumstance” generally refers to when something significant in your life has changed, such as your income, your living arrangements, or your health.

You may be able to lower your child support obligation if you have been diagnosed with a medical condition and cannot work or have lost your job.

Nevertheless, suppose you are losing your job to avoid paying child support or living in a luxury apartment because you have become more wealthy. In that case, you will likely not convince the judge to reduce your child support obligation.

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Reasons to Hire a Child Support Lawyer

Child support lawyers can help you in several ways, including but not limited to:

Legally establishing paternity

Legally establishing the paternity of your adopted child can be accomplished with the assistance of an adoption lawyer.

Filing paperwork correctly

Misfiled or incorrect paperwork can prolong the adoption process, but a child support lawyer can efficiently and correctly file the paperwork for you.

Obtaining a court order

A court order may be necessary to determine the amount of child support payments, and a lawyer can assist with this process.

Editing an agreement

Modifying a child support agreement with one or more parties requires the presence of an attorney who is both actively involved and involved in the process.

Determining payment methods

If you are unsure which payment method is best for your situation, a child support lawyer can provide expert advice.

Collecting child support

A lawyer can assist a person whose child support is past due to obtaining that support.

Get In touch

Our knowledgeable attorneys at Montgomery and Hart, PLLC can discuss your child support. If you hire an experienced child support lawyer, you may be surprised at the difference they can make.

Contact one of our attorneys and they will explain your rights to you and advise you on the following steps to take.

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888.505.2031

North Carolina Office: 3440 Toringdon Way Suite 205 Charlotte, NC 28277

South Carolina Office: 410 West Liberty St. Suite 104 Sumter, SC 29150