Going through a divorce is challenging, but especially so when you have minor children to consider. In Columbia, South Carolina, both parents are legally responsible for sharing the financial care of their children, regardless of their marital status or custody arrangement. Consequently, child support plays an important role in ensuring children receive the financial resources they need, even when their parents are no longer living together.
At Melone Hatley, P.C., an experienced Columbia child support lawyer can provide legal guidance, advice, and skilled representation if you and your spouse disagree about your child’s financial support. Whether you’re in the middle of a child support dispute or just starting the process of petitioning for child support, having a family lawyer in Columbia is crucial to securing the child support needed.
What is the Purpose of Child Support?
You should work closely with a Columbia child support lawyer to provide the financial details of your child’s needs so that the court can fairly and accurately rule on the amount of child support. Being meticulous with your child support case financial documentation when consulting with a divorce attorney in Columbia can help avoid potential child support disputes.
South Carolina’s child support laws are outlined in the South Carolina Code of Laws under Title 63, which governs family court matters. Child support aims to maintain the child’s quality of life and standard of living they would have if their parents had remained together.
State guidelines govern child support. South Carolina’s child support guidelines are designed to ensure that both parents contribute fairly to their child’s financial needs. These needs include:
- Basic living expenses, such as food, shelter, and clothing
- Education and school-related costs, such as tuition, school supplies, and extracurricular activities
- Healthcare expenses, including health insurance premiums, ensuring the child has access to medical care, doctor visits, medication, and other medical needs
- Childcare, such as costs for daycare or after-school care
- Transportation costs, such as getting to and from school or extracurricular activities
How is Child Support Calculated in South Carolina?
In South Carolina, the amount of child support is calculated using the Income Shares Model. This model estimates what parents would have spent on their child’s financial needs had they remained together and then divides it fairly between them. A child support attorney in Columbia can review your calculations with you when providing your financial details in the court documents.
Child support calculations take into consideration both parents’ incomes, the number of children the couple has, any financial care for children from another relationship, and additional expenses such as health insurance, work-related child care, and other extraordinary expenses. The guidelines then allocate each parent’s financial responsibility in proportion to their total combined income.
The basic steps of child support calculations for parents in Columbia, SC are as follows:
- Determining both parents’ gross incomes, including all forms of income from salaries, wages, commissions, bonuses, self-employment earnings, earnings from rental properties, pensions, and investments.
- Adjusting for deductions, such as any existing child support obligations for children from other relationships or alimony
- Applying the South Carolina child support formula that estimates the total amount needed for the child based on the parent’s combined income
- Splitting the obligation according to each parent’s respective share based on their income
- Adjusting for additional costs, such as extraordinary medical or educational expenses, childcare costs, and health insurance premiums
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839-213-4545What Factors Can Influence the Amount of Child Support Ordered?
South Carolina’s child support guidelines provide an essential framework for calculating and determining how much support will be required from each parent. However, various factors will be considered when making a final decision. Furthermore, the court has the discretion to deviate from state guidelines if the standard calculation is not fair or appropriate.
Significant Difference in Parental Income
When parents have a significant difference in income, the higher-earning parent may be required to pay more to ensure the child’s needs are met. Furthermore, if parents have significantly higher or lower incomes than average, courts can adjust support to reflect the actual needs of the child based on the reality of that income. If there is a significant disparity between two parents’ income, you will need a Columbia child support lawyer to fight for child support that is adequate for your child’s needs.
Child Custody Arrangements and Parenting Time
Child support is affected by the amount of time parents spend with their children. Generally, the non-custodial parent is required to make child support payments to the primary custodial parent. However, in cases of joint custody, where the child spends a significant amount of time with both parents, support may be adjusted accordingly.
A child custody order based on time spent with either parent can be effectively negotiated with the help of a child support lawyer in Columbia. If you are entangled in a battle over child custody and child support with the other parent, you should not delay seeking guidance from one of our compassionate Columbia child support attorneys at Melone Hatley P.C.
Healthcare Costs
In Columbia, SC, healthcare expenses can play a significant role in child support determinations. The court’s child support financial documents consider the cost of health insurance and any out-of-pocket medical expenses.
Typically, the parent with access to employer-provided insurance or more affordable insurance options will be required to provide insurance for the child, which will be considered in the child support adjustments. Uninsured costs and expenses, such as co-pays, deductibles, dental, orthodontics, or other medical services, will also be considered. The court will issue an order specifying how these expenses must be divided between both parents.
Other Extraordinary Medical Expenses
Extraordinary medical expenses are costs that exceed typical healthcare needs, such as costs for special needs children, ongoing treatments for chronic conditions, or other specialized medical services. If your child has ongoing healthcare costs due to illness, disability, or other factors, you need guidance from a Columbia child support lawyer when preparing to petition family court.
Extraordinary medical expenses are typically calculated separately and added to the support order. These costs may be split depending on the parent’s support obligations, split between them evenly, or split between parents at a different ratio than standard medical benefits in considering specific financial burdens.
Childcare Expenses
Another significant factor in child support calculations in Columbia is childcare expenses, which address the needs of the child as well as the custodial parent’s ability to work. Childcare expenses include daycare or babysitting, before- and after-school care, summer camps, and any specialized care programs for children with special needs. Childcare costs will be considered in the adjustments phase of the support calculations.
Childcare Expenses for Children With Special Needs
When a child has special needs that require specialized or additional care, these expenses will also be considered in child support determinations. If these expenses are extraordinary due to the nature of the child’s needs, the court may allocate these costs differently from other typical childcare expenses.
How is Child Support Paid in South Carolina?
In Columbia, child support payments are typically made by the non-custodial parent to the custodial parent. The South Carolina Child Support Services Division plays an essential role in managing and enforcing child support payments.
Methods of Paying Child Support
Child support in Columbia, SC, can be paid by:
- Income withholding or wage garnishment – Income withholding automatically deducts child support from the non-custodial parent’s paycheck and sends it to the South Carolina State Disbursement Unit (SDU), which processes payments and sends them to the custodial parent. Income withholding is usually the most preferred method since it ensures consistent and timely child support payments.
- Direct payment – Less standard, the court may agree to direct payment between parents if the non-custodial parent is self-employed, an independent contractor, or otherwise does not receive regular wages, and there is no employer to deduct child support from their paycheck. In this case, the court may allow direct payment between parents and require proof of payment to ensure compliance.
Child support payments are made at regularly scheduled intervals, either weekly, bi-weekly, or monthly. The court will specify the payment frequency based on the non-custodial parent’s ability to pay.
How Do Payments Made Through the South Carolina State Disbursement Unit (SDU) Work?
The South Carolina State Disbursement Unit (SDU) processes child support payments and transfers these to the custodial parent. This is typically done by:
- Direct deposit to the custodial parent’s bank account
- South Carolina Way2Go Card, where payments are made via a prepaid debit card.
SDU offers accurate record-keeping of child support payments, which can be vital if there are disputes or enforcement needs for non-payment later on. If you are facing claims of non-payment for child support or dealing with a parent who is not paying their child support on time, you need the help of a Columbia child support lawyer to leverage SDU’s records in your case.
What Happens if a Parent Does Not Pay Their Child Support Obligations?
Like most states, South Carolina takes child support very seriously. The South Carolina Child Support Services Division can take enforcement actions if the non-custodial parent fails to make their payments. Enforcement can include:
- Income withholding
- Wage garnishment
- License suspension
- Tax refund interception
- Liens on the individual’s property
If the non-custodial parent willfully fails to pay child support, they may be held in contempt of court, which can result in fines, jail time, or both.
Can You Change the Amount of Your Child Support Obligations?
When life changes affect a parent’s ability to pay child support, they can request a modification through the court system. However, child support modifications are typically only considered when there has been a “significant change” in the parents’ circumstances.
Significant changes can include:
- Changes in income – If either parent has experienced a substantial change in income due to a job loss, salary change, or promotion, either parent can request a modification of the support order. The court will review the parent’s financial situation and the child’s needs and adjust the child support payment if warranted.
- Changes in the child’s needs – If the child’s needs have significantly changed, such as increased education or medical expenses, a parent can request a child support modification from the court to cover these costs.
- Changes in custody or parenting time – If the custodial arrangement between parents has changed, the support order may have to be changed to reflect the new custody arrangement.
All modifications to child support must be made by or approved by the court to be enforceable. This is exactly why you need the guidance of a seasoned child support lawyer in Columbia to help with a petition for a child support modification. Any change in payments should not take effect until the court grants the modification.
When Does Child Support End in South Carolina?
In Columbia, South Carolina, child support usually terminates when the child turns 18 or graduates from high school, whichever is later. However, support may continue beyond this point or end earlier in certain circumstances, including:
- The child’s emancipation – If the child becomes emancipated before turning 18, child support payments may terminate.
- Disability or special needs – If the child has a mental or physical disability, child support may extend beyond 18 to ensure the child’s needs are met.
- Death of either the parent or child – Child support obligations may terminate if either the paying parent or child dies. However, if provisions were made, the non-custodial parent’s estate may still be required to pay child support.
Parents cannot terminate child support on their own. Child support can only officially be terminated through a court order. If you are dealing with a child support termination dispute, you should contact a child support attorney in Columbia to assess your case for terminating child support.
How is Child Support Established if the Parents Are Not Married?
In South Carolina, both parents are obligated to provide financial support for their child, even if they are not married. However, if the biological father is not listed on the birth certificate, this will require establishing the child’s paternity.
Paternity can be established in the state of South Carolina by:
- Voluntary acknowledgment at birth through a signed Voluntary Acknowledgment of Paternity
- A signed Voluntary Acknowledgment of Paternity after birth through the South Carolina Department of Health and Environmental Control
- Court-ordered genetic testing to establish paternity
If you need to request a paternity test to establish your child’s paternity, you start the process with the help of a Columbia child support attorney. Once paternity is confirmed, the custodial parent can file for support through the South Carolina Child Support Services Division or the court. The same child support guidelines will be used to calculate both parents’ support obligations, even if they are not married. If child support was not immediately established after the child’s birth, the court can order retroactive child support for the period from the child’s birth to the issuance of the support order.
Contact an Experienced Columbia Child Support Lawyer at Melone Hatley P.C.
Ensuring children’s financial well-being is one of the court’s highest priorities in South Carolina. Consequently, child support guidelines have been structured to ensure both parents fairly share their responsibility. Unfortunately, support disputes and non-payment issues often arise. Changing child support after the order can be challenging unless a significant life change can be demonstrated to the court. Enforcement of non-payment can be complex and time-consuming.
Let us help. An experienced child support lawyer in Columbia at Melone Hatley, P.C. will be your staunch legal ally, advocating for your child’s well-being and rights as a parent. Call us today at our office or schedule a free consultation through our online contact form.
