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S.C. Code Ann. § 63-17-830

Modification of orders

Known as the South Carolina Children's Code

The act spans §§ 63–63 (451 sections).

Applied in 1 court decision — leading case South Carolina Department of Social Services v. Polite (2011)

Most recently applied in South Carolina Department of Social Services v. Polite (January 2011)

2008 Act No. 361, SECTION 2.

(A) At any time after the entry of a consent order or an order for default under this article or an order of the court the division may issue a notice of financial responsibility to an obligor requesting the modification of an existing order issued pursuant to this article or an existing order of the court. The division shall serve the obligor with a notice of financial responsibility as provided in Section 63-17-730 and shall proceed as set forth in this article. The obligor or obligee may file a written request for modification of an order issued under this article or an existing order of the court with the division by serving the division by certified mail. If the division does not object to the request for modification based upon a showing of changed circumstances as provided by law, the division shall serve the obligor with a notice of financial responsibility as provided in Section 63-17-730 and shall proceed as set forth in this article. If the division objects to the request for modification based upon the failure to demonstrate a showing of changed circumstances, the division shall advise the obligor or obligee that a petition for review may be filed with the Family Court.

(B) A request for modification made pursuant to this section does not preclude the division from enforcing and collecting upon the existing order pending the modification proceeding.

(C) Only payments accruing subsequent to the modification may be modified. Modification must be made pursuant to Section 20-3-160.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.