What is a post-divorce modification?
A post-divorce modification is a legal action that occurs after a couple has already been divorced. It can involve changes to existing court orders or agreements about child support, custody, visitation, alimony, and other matters. In South Carolina, post-divorce modifications must be filed in the family court where the original divorce took place. The party filing the motion for modification must provide a detailed reason for the change they are seeking, and this must be reviewed by the court before any action can take place. For instance, if a person wants to seek a modification to an existing alimony agreement they may need to provide evidence of a change in financial circumstances. If either party does not agree with the modification then there may be a trial before the court, which could result in a decision on the matter. If an agreement is reached between the parties then they can file a stipulation to the court, which may be approved without a trial. As with any family law change, the court will always consider the best interests of any children involved, and any modifications must take them into account. Ultimately, post-divorce modifications are a way for divorced couples to ensure that their family law matters remain up-to-date with changing circumstances.
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