I was looking up information on child support modification. In the state of SC on the modification form it asks for the NCP's criminal record, if known. Does anyone know how that would affect the child support order? Or where I would go to find the answer?

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Originally Posted by Gina77

I was looking up information on child support modification. In the state of SC on the modification form it asks for the NCP's criminal record, if known. Does anyone know how that would affect the child support order? Or where I would go to find the answer?

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It would only affect child support - from what I read - if the parent is incarcerated. Otherwise it doesn't appear to have any meaning.

Perhaps most of these Petitions are modifications of child support AND custody/visitation and so that's the purpose?

Any idea how it could affect visitation, especially if I am not trying to change visitation?

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Originally Posted by Gina77

Any idea how it could affect visitation, especially if I am not trying to change visitation?

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Was the situation or criminal record the same when visitation was originally ordered? If not and someone (the other party) questions it, yes, it will probably enter into the decision.

He was in prison for criminal sexual contact with a minor prior to our divorce. We handled everything ourselves so the court had no knowledge at the time of his criminal record that I am aware of.

I am not trying to take away his visitation, that question just concerned me if I were to take him to court for modification of support.

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Originally Posted by Gina77

He was in prison for criminal sexual contact with a minor prior to our divorce. We handled everything ourselves so the court had no knowledge at the time of his criminal record that I am aware of.

I am not trying to take away his visitation, that question just concerned me if I were to take him to court for modification of support.

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It's entirely possible it could come up. You, as the mother of the child, probably should have brought this to the Court's attention, particularly because it would appear he could be a registered sex offender -

I would check on the conditions of his release and probation (if he's on probation).

I think you could be causing yourself some problems if he cannot have contact with children and you have known that and allowed it - whether the child was at risk or not. I realize your husband has concerns about a child from a previous marriage and I see this causing your judgment concerning your child to affect your judgment concerning that child.

I'm not judging here - I'm just telling you how I see it.

And now you know why the question is on the form.

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Originally Posted by JudyKayTee

It's entirely possible it could come up. You, as the mother of the child, probably should have brought this to the Court's attention, particularly because it would appear he could be a registered sex offender -

I would check on the conditions of his release and probation (if he's on probation).

I think you could be causing yourself some problems if he cannot have contact with children and you have known that and allowed it - whether the child was at risk or not. I realize your husband has concerns about a child from a previous marriage and I see this causing your judgment concerning your child to affect your judgment concerning that child.

I'm not judging here - I'm just telling you how I see it.

And now you know why the question is on the form.

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This, his crime, occurred 7 years ago and we divorced 5 years ago right after he got out of prison. He is on the sex offenders registry and as far as I am aware of, there were no stipulations about not being near his son. Only that he couldn't be near the victim and had to go to sex offenders classes. He was on probation for a year but is no longer monitored other than the registry.

I have not made any decision to modify support, I was just looking up support information for my state when I came across the topic of modifying support and that prompted my questions.

Thank you so much for your honest opinion on this.:)

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Originally Posted by Gina77

He was in prison for criminal sexual contact with a minor prior to our divorce. We handled everything ourselves so the court had no knowledge at the time of his criminal record that I am aware of.

I am not trying to take away his visitation, that question just concerned me if I were to take him to court for modification of support.

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What type of modification are you seeking because a lot of courts might set it based on minimum wage or to 0 for the duration he is in prison. The argument being he has no real chance at real world wages. The to be re-evaluated upon release and most likely set at minimum wage until full employment is established. That's why such a question could be on a support inquiry.

I am not trying to modify the support at this point, I was just looking up information which started questions. Such as, is there a required time frame that you would request modification (is it reviewed annually, automatically, etc. ). Should you actually consider modifying the support and what would be the circumstances?

As for my specific situation... He is no longer in prison. He did not have a job when we divorced other than some side work he did and we agreed to support of $200 a month (I was just trying to get out of the marriage as quickly as possible). He is now an assistant manager of a grocery store and support is still $200 a month. My husband pays for my son's medical insurance and we pay all the co-pays and all extra curricular activities but my ex will buy shoes or some sports equipment as needed. My ex has agreed to pay half of any bills that exceed the copay (braces, surgery, etc.) but it is not in writing.

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Originally Posted by Gina77

I am not trying to modify the support at this point, I was just looking up information which started questions. Such as, is there a required time frame that you would request modification (is it reviewed annually, automatically, etc.?). Should you actually consider modifying the support and what would be the circumstances?

As for my specific situation...He is no longer in prison. He did not have a job when we divorced other than some side work he did and we agreed to support of $200 a month (I was just trying to get out of the marriage as quickly as possible). He is now an assistant manager of a grocery store and support is still $200 a month. My husband pays for my son's medical insurance and we pay all the co-pays and all extra curricular activities but my ex will buy shoes or some sports equipment as needed. My ex has agreed to pay half of any bills that exceed the copay (braces, surgery, etc.) but it is not in writing.

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Changed circumstances are grounds to modify an agreement. In some States it's two years without changed circumstances.

I still think your request for formalized support will lead to his request for formal visitation and the problems will start -

He already gets formal visitation. I didn't specify visitation earlier just that I wasn't looking to change it. He currently gets every other weekend and 2 weeks out of the summer (which is in the divorce decree). We later agreed to alternating holidays (not counting Halloween because as a sex offender he is not allowed out on that night) but the holidays are not in writing it was just a verbal agreement.

So if I were to attempt to modify the child support based on a change in circumstance I am now concerned that the court would alter his visitation based on his past criminal record. Considering that they specifically ask about it.

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Originally Posted by Gina77

He already gets formal visitation. I didn't specify visitation earlier just that I wasn't looking to change it. He currently gets every other weekend and 2 weeks out of the summer (which is in the divorce decree). We later agreed to alternating holidays (not counting Halloween because as a sex offender he is not allowed out on that night) but the holidays are not in writing it was just a verbal agreement.

So if I were to attempt to modify the child support based on a change in circumstance I am now concerned that the court would alter his visitation based on his past criminal record. Considering that they specifically ask about it.

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I think there's a real good chance they will, yes.

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Originally Posted by Gina77

I am not trying to modify the support at this point, I was just looking up information which started questions. Such as, is there a required time frame that you would request modification (is it reviewed annually, automatically, etc.?). Should you actually consider modifying the support and what would be the circumstances?

As for my specific situation...He is no longer in prison. He did not have a job when we divorced other than some side work he did and we agreed to support of $200 a month (I was just trying to get out of the marriage as quickly as possible). He is now an assistant manager of a grocery store and support is still $200 a month. My husband pays for my son's medical insurance and we pay all the co-pays and all extra curricular activities but my ex will buy shoes or some sports equipment as needed. My ex has agreed to pay half of any bills that exceed the copay (braces, surgery, etc.) but it is not in writing.

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In general terms most states don't like to see support orders changing any greater then every 2 - 3 years unless there is a change in circumstance. In your case there has been. What your facing now is a choice of rocking the boat or running as is. Unless there is a true need for a change through the courts is there an extrodinary need for an increase ? He can start paying more on his own and the courts wouldn't ever interfere with that. Also do you know if he has to pay for the medical insurance for your child ? In some states that is also figured into child support amounts. So lets say he is having to pay extra for the insurance ( $300 for example ) then his monthly child support figure might be considered 500 per month and not just the 200 you are receiving. The only difference from what your doing now regardless of how you proceed with the support issue is that anything that is optional ( if you have joint legal custody ) should be in writing between the both of you so there is no argument later. Like the issue of braces etc.

Our divorce was uncontested and amicable so we were able to do this all without lawyers and avoided the heavy cost of one. We agreed on child support and general visitation. A friend of mine who is a paralegal assisted me in which forms I needed to fill out, send to my ex for him to sign and fill out, filed the paperwork with the court as well as paid all fees associated with it. I filled out and filed the paperwork for our divorce on my own. Which is why I agreed to such a low amount of child support. There was no mention at the time of the divorce about medical, extra curricular activities, holidays, etc. That was all done verbally later on. So no, my ex has no legal obligation to pay for medical. His support is only $200 plus the fee to the court.