Know your options for paying or seeking child support in South Carolina.
Child support is money paid by a non-custodial parent to a custodial parent to assist in the support of minor children. In South Carolina, the amount is calculated pursuant to the Child Support Guidelines, which take into account each parent’s gross monthly income (or earning capacity), cost of health insurance on the child, work-related child care expenses, and other relevant factors.
In determining a South Carolina child support obligation, the first factor to be considered is the gross incomes of both parents. In determining each party’s gross income, the court will consider whether either parent is willfully employed or underemployed – in other words, whether either parent is capable of earning more money than they currently do.
South Carolina Family Court judges have the ability to impute income to a party based on what he or she could earn if using his or her best efforts to find employment. Courts have determined that an award of alimony or child support in such cases is proper, even if it exhausts the unemployed spouse’s actual income.
What factors generally are considered in the calculation of child support?
As with all cases in the Family Court, every case can vary depending on its particular facts, however generally speaking, the following factors will be used to calculate child support within in the Guidelines:
- Gross income of the father;
- Gross income of the mother;
- Total income amount as listed within the Guidelines;
- Deductions from the income of the father or mother (for example, alimony paid or other children in the home not covered by this child support order);
- Additions to the income of the father or mother (receipt of alimony and/or other forms of income other than wages, for example);
- Any costs paid out for benefit of the child, such as health insurance premiums; other extraordinary medical expenses; and/or work-related childcare costs.
Using these factors the Guidelines calculator will show a proportional share of income due from each parent. If the non-custodial parent is to pay his/her child support through the court, then any court or administrative fees (which are currently 5%) will be added to the final payment amount.
There are many cases where the child support order deviates from these Guidelines. Deviations are typically within the discretion of the Court and/or included in an Agreement presented to the Court for approval.
When can a parent ask the Court to modify an existing amount of child support?
In order to modify any issues pertaining to the child (including child support, custody, visitation, etc.), the person requesting the change must first prove that there has been a significant or substantial change of circumstances since the parties were last before the Court. If such a change can be proved, the Court will use the Child Support Guidelines to determine the current, correct amount for child support. The same factors discussed above will be used to determine the modified amount of child support. It does not matter whether an increase or decrease is being sought, as the same factors and numbers are used either way. Also, the fact that all payments have been made in a timely manner will not prevent a future modification.
Contact our office at (864) 598-9172 or SCFamilyLaw@offitkurman.com to schedule an initial consultation.
ABOUT J. BENJAMIN STEVENS
Ben.Stevens@offitkurman.com | 864.598.9172
Aggressive, creative, and compassionate are words Ben Stevens' colleagues freely use to describe him as a divorce and family law attorney. Mr. Stevens is a Fellow in the prestigious American Academy of Matrimonial Lawyers, the International Academy of Family Lawyers, and is a Board Certified Family Trial Advocate by the National Board of Trial Advocacy. He is one of only two attorneys in South Carolina with those simultaneous distinctions. He has held numerous leadership positions in the AAML, and he currently serves as one of its National Vice Presidents. Mr. Stevens has a statewide practice and regularly appears all across South Carolina. His practice is focused on complex divorce and child custody cases.
ABOUT OFFIT KURMAN
Offit Kurman, one of the fastest-growing, full-service law firms in the United States, serves dynamic businesses, individuals and families. With 15 offices and nearly 250 lawyers who counsel clients across more than 30 areas of practice, Offit Kurman helps maximize and protect business value and personal wealth by providing innovative and entrepreneurial counsel that focuses on clients’ business objectives, interests and goals. The firm is distinguished by the quality, breadth and global reach of its legal services and a unique operational structure that encourages a culture of collaboration. For more information, visit www.offitkurman.com.
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