(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 § 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 § 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.

Terms Used In South Carolina Code 63-17-830

  • Division: means the Child Support Enforcement Division of the State Department of Social Services. See South Carolina Code 63-17-720
  • Obligee: means a person or agency to whom a duty of support is owed or a person or agency having commenced a proceeding for the establishment or enforcement of an alleged duty of support. See South Carolina Code 63-17-720
  • Obligor: means a person owing a duty of support or against whom a proceeding for the establishment or enforcement of a duty to support is commenced. See South Carolina Code 63-17-720
  • Order: means an administrative order that involves the establishment of paternity and/or the establishment and enforcement of an order for child support and/or medical support issued by the Child Support Enforcement Division of the State Department of Social Services or the administrative agency of another state or comparable jurisdiction with similar authority. See South Carolina Code 63-17-720

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