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  1. #1
    vessels is offline Junior Member
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    How to petition the court for child support reduction

    What is the name of your state? South Carolina

    Hello, could anyone tell me how to petition the family court in greenville, south carolina for a reduction in child support? My daughter is now 18 and has graduated high school.

    Can I do this without a lawyer? Does the court do this automatically? My divorce papers do not state when the child support should stop.What is the name of your state?
  2. #2
    proud_parent is offline Senior Member
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    Child support does not automatically terminate in your state. You must petition the Court. You can do this pro se (without a lawyer) if you are willing to research and to follow proper court procedure for your jurisdiction.

    [url]http://ocse.acf.hhs.gov/ext/irg/sps/report.cfm?State=SC#4[/url]
  3. #3
    Silverplum is offline Senior Member
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    Quote Originally Posted by vessels View Post
    What is the name of your state? South Carolina

    Hello, could anyone tell me how to petition the family court in greenville, south carolina for a reduction in child support? My daughter is now 18 and has graduated high school.

    Can I do this without a lawyer? Does the court do this automatically? My divorce papers do not state when the child support should stop.What is the name of your state?
    [url]http://www.state.sc.us/dss/csed/faqs.htm[/url]

    SCCA440 Motion and Affidavit in Support of Termination of Child Support Bases on Emancipation
    and/or
    SCCA442 Motion to Dismiss Support Payments
    and
    SCCA441 Order Terminating Child Support
    [url]http://www.judicial.state.sc.us/forms/searchType.cfm[/url]

    You must provide both the Motion and the Order to the Court.

    I didn't look inside all of those forms -- that's on you.
  4. #4
    LdiJ is offline Senior Member
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    However, before you do this you might want to do a little research first. If there are other children for which you will still have to pay support to the same mother, and your income has inceased since the last modification of child support was made (or the original order was made if there have been no modifications) then it would be in your best interest to run the numbers on an online child support calculater before filing anything.

    I know quite a few parents who filed for reductions in CS when one child became emancipated, only to end up with an increase instead, because they didn't take into consideration that their income had increased.
  5. #5
    vessels is offline Junior Member
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    modification process

    Thank you so much.

    Since I do still have one other child from the same mother, I will use the SCCA441 form. Now, could you tell me how I do this? I know that I would need to complete the form and the attach a copy of the divorce papers which state the childs birthdate. But, how does it actually get filed? Do I just mail a copy to the court? Also, the form list a field where I need to include which circuit court. How do I find which circuit court to send it to?

    Also, thank you for the advice of checking the online child support calculator. I ran the numbers and found that if child support for the oldest child is terminated and support is recalculated for the second child, I would still be paying almost half of what I am paying now.

    Please advise if there is a website or link that I can research as to how to file this petition.
  6. #6
    Silverplum is offline Senior Member
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    Quote Originally Posted by vessels View Post
    Thank you so much.

    Since I do still have one other child from the same mother, I will use the SCCA441 form. Now, could you tell me how I do this? I know that I would need to complete the form and the attach a copy of the divorce papers which state the childs birthdate. But, how does it actually get filed? Do I just mail a copy to the court? Also, the form list a field where I need to include which circuit court. How do I find which circuit court to send it to?

    Also, thank you for the advice of checking the online child support calculator. I ran the numbers and found that if child support for the oldest child is terminated and support is recalculated for the second child, I would still be paying almost half of what I am paying now.

    Please advise if there is a website or link that I can research as to how to file this petition.
    You're welcome.

    I'm not in SC, I'm just googling. You'll need to do a lot of reading if you don't want to hire an attorney to do this for you.

    Here's the Court Rules, which will apply to how you file your motion/s:
    [url]http://www.judicial.state.sc.us/courtReg/displayRule.cfm?ruleID=224.0&subRuleID=&ruleType=APP[/url]

    Mostly, you want to read a lot here:
    [url]http://www.judicial.state.sc.us/[/url]
  7. #7
    proud_parent is offline Senior Member
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    Quote Originally Posted by Silverplum View Post
    You're welcome.

    I'm not in SC, I'm just googling. You'll need to do a lot of reading if you don't want to hire an attorney to do this for you.

    Here's the Court Rules, which will apply to how you file your motion/s:
    [url]http://www.judicial.state.sc.us/courtReg/displayRule.cfm?ruleID=224.0&subRuleID=&ruleType=APP[/url]

    Mostly, you want to read a lot here:
    [url]http://www.judicial.state.sc.us/[/url]
    Silver's got the hot hand...she beat me to these links.

    Best wishes, OP.
  8. #8
    Proserpina is offline Senior Member
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    Quote Originally Posted by kmahle View Post
    I was wondering if anyone would be so kind as to provide some url's or whatever that shows the proper steps for filing for this matter and also if anyone knows of a tutorial or step-by-step for filling out the paperwork correctly. Thank you.


    Please start your own thread.

    Thanks.
  9. #9
    Proserpina is offline Senior Member
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    Quote Originally Posted by kmahle View Post
    thanks so much for the rude replies and the insulting of my intelligence. As reflected by the join date so plain for all to see...I am new here. I am not aware of any rules regarding threads or even what threads are. I was seeking advice from someone and was quite gentile about it. I guess I'll seek advice elsewhere if the response I got here is indicative of the entire site. Thanks for the hospitality folks...there is about a dozen different and much nicer ways you could have corrected me.


    I didn't realize "thanks" was rude.

    My apologies.

    Try reading next time, eh?

    (Now that was somewhat rude)

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