If you make a change in child support after separation papers are signed and filed but before your court date, what do you do?

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If you make a change in child support after separation papers are signed and filed but before your court date, what do you do?

My husband and I have signed separation papers, filed, responded and now are awaiting a court date next month. He has since started a new job and we used the child support calculator on-line to come up with the new child support (lower) and I am OK with this. But his paralegal says if the numbers have changed there is not an agreement. Isn’t there a way to amend this with out me having to change and resign these papers again? They have already charged a fortune the first time around.

Asked on September 8, 2011 under Family Law, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Of course the paralegal states that you need to sign a new agreement.  They want more money from you to change the agreement.  Tell them okay then you will stay with what you have and thanks for the advice.  Then when you get to court next month advise the court that there has been a change in the income of your spouse and that a modification of the agreement needs to be placed on the record (i.e., under oath and with out the need for a new paper to be signed) and could the court so order the modification of the one paragraph on consent of both parties and with out the need to draw up new papers.  The agreement between you on child support is always subject to scrutiny by the courts as the best interest of the child are tantamount here.  See what the judge says.  If the judge says that you need a new agreement then ask if you can add an addendum rather than an entire agreement and draw it up yourself.  Again, the court will review it. Good luck.


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