When someone tries modifying Fort Mill child support, they must show an unforeseen and substantial change in circumstances. However, a settlement agreement can alter this if the parties’ drafted the settlement to alter the standard. But, to do this, the settlement must be specific. Hawkins v. Hawkins is a case focusing on the effect of a settlement on child support modification.
So, What Happened?
Husband and Wife divorced and entered into a support agreement. The agreement provided that the parties would revisit the amount of child support annually. It also stated that the parties would automatically recalculate child support if Wife sold the marital home or she obtained a full-time job. Husband eventually lost his job and began a new job search. Husband found a job but received no pay because he had sold nothing. Thus, Husband reported zero income and sought a modification of his child support. However, Husband continued a high standard of living with his savings and help from his spouse. Thus, the court found that Husband had not experienced a significant change despite losing his job. The court then denied his request.
On appeal, the court of appeals affirmed the family court. Husband argued that the agreement allowed for automatic recalculation every year. Thus, he argued that he did not need to meet the burden of showing a substantial change. The court of appeals, however, disagreed. It found the agreement only required a recalculation in two specific cases. Therefore, Husband still needed to meet the appropriate burden.
Modifying Fort Mill Child Support and What to Prove
Knowing the right standard of proof is essential. If you are wrong, you will very likely lose your case. Thus, you should never assume to know what you must prove. If you are looking to modify the child support you pay, consider hiring a divorce attorney. Contact us today to start working towards a more fair child support payment.