South Carolina’s child support guidelines provide a baseline amount for a child support payment ranging from $100 to $4,431, based on the number of children shared by parents and the parents’ combined adjusted monthly gross income. For example, parents who combine to make the state’s median household income of $63,623 and share two children would have a proposed monthly payment of $1,188 under the child support guidelines.
However, parents or the court may deviate from the guidelines based on factors such as sharing more than six children, the family’s custody arrangement, or whether one or both parents earn substantial income.
What Are the Basic Guidelines Used to Determine the Amount of Child Support Payments?
The base child support guidelines can determine the amount of a child support payment for families with one to six children where the parents have a combined adjusted monthly gross income of $750 to $30,000. The guidelines set a presumed child support payment amount based on the number of children shared by the parents and the parents’ combined adjusted monthly gross income.
However, courts can deviate from the guidelines based on clear, identified factors, such as:
- Children’s educational expenses from private, trade, or post-secondary school
- The equitable distribution of property between divorcing parents
- Consumer debts held by parents
- Whether a family has more than six children
- Unreimbursed extraordinary medical and dental expenses
- Travel expenses for court-ordered visitation incurred by a parent
- Mandatory deductions of retirement pension contributions or union fees
- Monthly fixed payments imposed by a court or by operation of law
- Whether children earn significant income
- Substantial differences in the parents’ respective incomes
- Whether parents have a lump sum, rehabilitative, or reimbursement alimony arrangement
The South Carolina Department of Social Services provides a child support calculator for parents to estimate the amount of child support that may be ordered in a case.
Is There a Limit to How Much Can Be Taken from My Paycheck for Child Support Payments?
Under federal law, a court may order no more than 60 percent of your disposable income garnished from your paycheck – or 50 percent if you have a second family you support or pay child support to. However, these limits increase by five percent when a parent falls 12 weeks behind on child support payments.
Is Child Support Mandatory in South Carolina?
South Carolina requires a non-custodial parent to pay child support when parents do not live in the same household. This requirement reflects parents’ obligation to support their dependent children financially. The law considers child support the child’s right, which means parents cannot bargain away child support payments. Even when parents agree on the amount of a child support payment, the court must review that agreement to ensure the negotiated payment amount serves the child’s best interests.
Can Child Support Payments Ever Be Modified?
Parents have the right to request a review of a child support order every three years. Alternatively, a parent may file a motion with the court to modify a child support order. The South Carolina Department of Social Services or a court can modify a child support order if a family’s circumstances have changed since the current order. Examples of changed circumstances that can warrant a modification of a child support order include:
- One or both parents have had a substantial increase or decrease in their income.
- Children have incurred new private educational or extraordinary medical expenses.
- An alimony order between the parents was modified or terminated.
- The custody arrangement has changed, especially when the non-custodial parent receives additional overnights with the children.
Can a Family Court Judge Award Retroactive Child Support Payments?
A court may award retroactive child support payments in specific circumstances, such as:
- Filing dates – Courts can award payments retroactively to the filing of a petition for child support or a motion for modification of the child support award.
- Fraud – Courts may also award retroactive child support when the non-custodial parent fraudulently conceals income.
- Corrections – Courts might award retroactive child support payments to correct any ambiguities, factual mistakes, or miscalculations in a prior child support or custody order or divorce judgment.
However, courts cannot retroactively modify due and unpaid child support amounts or reduce the amount of child support arrears.
Is There a Statute of Limitations for Back Child Support Payments?
South Carolina has no statute of limitations for collecting unpaid child support payments. The state or a custodial parent can pursue collection efforts until the non-custodial parent satisfies their arrears, even after a child turns 18.
What Happens If a Parent Does Not Pay Child Support in South Carolina?
If someone fails to make child support payments, the custodial parent or the Division of Social Services may pursue collection efforts to obtain payment of the child support obligations by:
- Filing a motion for contempt with the court, which can result in an arrest warrant or a jail sentence to force them to make payments
- Garnishing their paycheck, unemployment benefits, workers’ compensation benefits, or Social Security benefits
- Intercepting their state or federal income tax refunds
- Revoking their occupational and professional licenses or driver’s license
- Referring them to credit reporting agencies, which may result in a negative report on their credit reports or a reduction in their credit scores
Under state and federal law, an employer must withhold income from a non-custodial parent’s paycheck and remit that money to satisfy the parent’s child support obligations if ordered. Income subject to withholding includes wages, salaries, commissions, bonuses, vacation pay, disability payments, workers’ compensation payments, annuity or retirement benefits, and independent contractor/self-employed income.
Contact a South Carolina Child Support Lawyer
Do you have more questions about child support payments? Turn to an experienced South Carolina child support lawyer from McKinney, Tucker & Lemel LLC to help you understand your family’s rights and options. Contact our firm today for a confidential consultation to discuss what child support payments might look like in your case and how we can help you protect your and your children’s rights.
