South Carolina Child Support
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important part of your monthly budget. Shouldn't you be sure the amount is
correct? Calculate what your support should be OR calculate the arrears owed to you.
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South Carolina child support is based upon studies that
assess how much support is provided to children in
intact families. The Federal Government undertook those
studies and then mandated that the states pass support
laws that continued that support level for children
after their parents separated or divorced. The Federal
mandates also encompass support enforcement and
collection laws. Any state that does not comply with the
Federal mandates will lose Federal aid under specific
programs.
South Carolina child support is determined using a specific
guideline. The Guidelines consider the income of both parents and the number of
children. Day care and health insurance costs are also considered. The amounts
determined are presumed correct unless the Court finds the amount unjust or
inappropriate.
If the Court finds the amount of South Carolina child
support to be unjust or inappropriate, it will consider several factors that
could cause the child support award to deviate away from the guidelines. The
educational expenses or extraordinary medical or dental expenses for the child
or for either parent could cause the Court to deviate from the guideline. The
child support award may also vary from the guideline if there is an equitable
distribution of property, any consumer debt, any mandatory retirement
deductions of either parent, any support obligations for other dependents, or
other court ordered payments. If the family has more than six children and if
there is any available income of the child or if there is any effect of alimony
on the circumstances, the Court may find a deviation from the guideline
appropriate. The Court will also consider if there is a substantial disparity
in the income of the parents which make it impractical for the non-custodial
parent to pay the guideline amount or if there are any agreements between the
parents, if the agreement is in the best interest of the child.
The State of South Carolina has a Child Support Enforcement
Division to assist custodial parents collect child support payments. This
division can also help noncustodial parents apply to have paternity established
or to have the support order reviewed.
After a South Carolina child support order has been issued,
either parent can seek to modify the amount of child support. To modify South
Carolina child support, the requesting party must show that a drastic change in
circumstances has occurred since the issuance of the last order. Typically, the
evidence of the change of circumstances must be completely new to the court.
Any issues addressed previously in the child support arrangements are not means
for a
modification. In general, the Court will consider the
following factors in determining if a modification is appropriate: the parent's
income and earning capacities, the assets that are available for support, the
employee benefits of each parent, the income of a new spouse or cohabitant, the
new family responsibilities of each spouse, an increase in the cost of living,
the change in cost of rearing the child, heath conditions of parents and child
and a modification of custody arrangement.
South Carolina child support orders are also subject to
enforcement. If the support payor does not pay child support as directed, a
Petition can be filed to hold him or her in contempt of court. One of the
possible penalties for a finding of contempt. Other enforcement measures
which may be imposed included the withholding of child support from the
support payor’s wages or unemployment benefits, the interception of tax
refunds, garnishment of worker’s compensation benefits and the revocation of
professional, occupational or driver’s licenses
In South Carolina child support terminates at age 18, or
until the child's graduation from high school.
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