South Carolina Child Support Laws
- State of South CarolinaSouth Carolina state contour against blurred USA flag image by Stasys Eidiejus from Fotolia.com
Although there is not great deal of deviation from state to state when it comes to child support laws, invariably each jurisdiction has some provisions that are unique. While South Carolina joins many states in following the Income Shares Model for figuring support obligations, its statutes also address some concerns resulting directly from its own socioeconomic climate. - A worksheet for calculating child support in South Carolina is available through the Child Support Enforcement Division (CSED) at 800-768-5858. Calculations are based upon the parents' respective incomes, the number of children involved, how many nights per week they spend with each parent, any costs involved when the custodial parent requires day care in order to work, and health insurance premiums paid by either parent on behalf of the child.
- South Carolina law presumes that any figure calculated by its guidelines is correct. However, the courts can and sometimes will consider certain expenses that will modify this number. These considerations involve circumstances that are outside the norm and therefore can't be adequately addressed by the guidelines. Included are such situations as families with six children or more, extraordinary and necessary health care expenses, support obligations for children of another relationship, or, in the case of older children, whether they earn an income of their own.
- In 2005, the South Carolina legislature passed the Deficit Reduction Act; this has impacted child support to some extent. Custodial parents who are not receiving TANF (Temporary Assistance for Needy Families) must now pay a $25 application fee to apply for assistance in collecting support through the CSED, and applicants who have never received public assistance must now pay a $25 fee every year after they have collected $500 in support. Furthermore, the state maintains the right to deduct and recover TANF payments from a parent's child support payments.
- If a parent can no longer afford to pay his child support obligation or if he simply chooses not to pay it, the CSED is empowered by the South Carolina legislature to make any number of collection attempts.These include wage attachments and the interception of federal or state tax refunds, worker's compensation benefits or unemployment benefits. It is always advisable to immediately contact the CSED or an attorney if you are simply unable to pay your support because of circumstances outside your control.
- As in many other states, you cannot simply stop paying your support in South Carolina once your child turns 18 years of age. You must first file an application with the court to declare him emancipated and dismiss your order. Keep in mind, however, that 18 is not a magic number. The court will enforce child support beyond that age if circumstances warrant it, such as if the child is enrolled in college.
- Section 63-17-350 of the South Carolina Code of Laws keeps grandparents on the hook for child support if the parents are both under the age of 18 and are not married. In this instance, the CSED is permitted to pursue maternal or paternal grandparents to contribute to the child's support.
Child Support Guidelines
Extraordinary Expenses
Laws Regarding Public Assistance
Laws Regarding Default
Laws Regarding Emancipation
Grandparents' Responsibilities
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