Legal Question in Family Law in South Carolina
divorce
How soon after final divorce is filed can you go back to court to have child support changed and to have house ordered to sell? Also, in the final divorce papers the plaintiffs attorney made errors in typing the final judgements, for example, in court the defendent was ordered to pay child support but attorney typed on filed papers the plaintiff was to pay child support and the plaintiff was to have custody but reads the defendent has custody. I am not interested in pursuing the errors but would like to know if the way it is typed would hold up in court?
Thank you.
1 Answer from Attorneys
Re: divorce
You can seek to have child support modified as soon as you can prove there have been significant changes in circumstances since you were last in court.
As for the house being sold, that is entirely dependent upon whether the divorce decree required that it be sold or not. If it didn't, then it won't have to be, so long as the person in the house makes the payments as required by the Order.
The errors in the Order can be corrected by a supplemental order, and I suggest that you notify the attorney's office of the errors so that can happen sooner rather than later. The errors will not make the order unenforcable though.
These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.
If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.
Ben Stevens
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