Child support in South Carolina will typically be determined as part of the divorce process. The amount of child support paid will be influenced by the parents’ combined adjusted monthly gross income and the number of children involved. There are additional factors that determine the average child support payment in South Carolina.
In South Carolina, child support payment guidelines are found the South Carolina Code of Regulations. The Child Support guidelines are used when determining temporary and permanent orders of child support and are intended to provide a fair and consistent method of determining payment.
When determining child support payments, the court will consider the gross income of each parent. South Carolina defines gross income as income derived from:
Based on South Carolina’s median household income of about $67,800, support for two children would average about $1,293 per month.
The guidelines allow for a case-by-case determination in situations where the parents’ combined monthly gross income does not exceed $750 per month. Typically, the court will not set the amount of child support at less than $100 per month. The court will consider increasing or decreasing the amount of child support if income changes in the future.
The low-income parent may utilize a self-support reserve. This allows for a minimum income to be retained before being assessed the full percentage of child support. This helps ensure there is enough income to maintain a minimum standard of living, does not impact earning capacity, and incentivizes continued work.
Circumstances may require a child support order to be modified. Either parent can make a request to modify the amount being paid or received if there has been a substantial change since the order was made by the court.
Examples of situations that may justify a modification to child support include:
If you make a modification request through the court, you will need to file a complaint that includes your most recent child support order and a financial declaration. You will need to serve the other parent with all the relevant paperwork and request a court hearing.
If the Department of Social Services established your child support order, you may request a review and modification with the agency. You will need to send your caseworker a written request through certified mail that outlines the changes in your financial situation. If the agency approves the changes, the parent who pays support will be notified of the new payment amount.
Typically, child support will end when the child turns 18, becomes self-supporting, or gets married (whichever occurs first). Children who are 18 and still attending high school will continue to receive support until they graduate—or until the end of the school year if they turn 19.
Child support may continue past the age of 18 if a judge determines that an adult child has physical or mental disabilities that require ongoing support. The South Carolina Supreme Court has also extended child support payments to help pay for an adult child’s college expenses under certain circumstances.
These include:
A: The South Carolina Department of Social Services provides an online calculator for estimating child custody payments. Child support payments are based on the number of children and who has custody of the children. If the parents have shared custody, you will need to provide the number of overnight visits each parent has per year. The calculation also considers the monthly gross income of both parents, daycare costs, and healthcare premium costs for the children.
A: In South Carolina, child support is determined based on the Child Support Guidelines. The South Carolina General Assembly established these guidelines using the Income Shares Model. The model calculates child support as the share of each parent’s income that would have been spent on the child or children if they were still living together. The guidelines take into account the number of children, the income of both parents, day care, and healthcare costs.
A: There are multiple factors that impact the amount of child support a dad pays in South Carolina. The amount of monthly child support will be influenced by your gross monthly income, the child custody agreement you have with your ex-spouse, and the number of children involved. Child support is intended for your child’s healthcare, daycare, education, and any other necessary expenses. Before a child support hearing, consult with your family law attorney to ensure your interests are represented.
A: South Carolina is not a 50/50 custody state. Custody and visitation schedules are determined by the South Carolina family courts based on the best interests of the child. The court will take into consideration the relationship between the child and each parent, the ability of each parent to provide for the child’s needs, and any history of neglect or abuse. If the court determines that the child is of sufficient age and maturity, their preferences will also be considered.
The team at Kinney Law Firm recognizes the emotional and legal complexities involved in seeking fair child support for your children. We are committed to helping our clients obtain the optimal results for themselves and their children. If you are involved in a child support case in South Carolina, contact our team to hear how we can help.