Legal Question in Family Law in South Carolina

Re: Uncontested Divorce-Support

A divorce judgment does not prevent the custodial parent from going to court seeking a modification of support. If the divorce judgment does not mention support, then that issue was reserved not waived. She can petition the court at any time before the child reaches emancipated.

Re: Uncontested Divorce-Support

If child support was never established, then she can ask the Court to do so now. If it was and circumstances have significantly changed, she can request a modification.

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

Re: Uncontested Divorce-Support

Child support is an obligation that can be changed, Court Ordered and Entered in the form of a Judgment, at any time during your child's minority.

"Basic" Child support does not depend upon the marital status of the parents.

Nor, is it based upon the child support, that may or may not have been incorporated into a Divorce Judgment, or other Stipulation, that is more than a couple of years old.

In US State Courts Child support, primarily depends upon the income and assets, of the custodial AND non custodial parents, as calculated at the time the First application or Petition for a child support Court Order is made, AND, as calculated, at any other time, an application or petition is made to the Court, for upward or downward modification of an existing child support Court Order.

Good luck,