When Facing Tough Times… You Need Someone You Can Trust
One of the more challenging aspects of a divorce can be the issue of child support.
Both parents are legally obligated to financially support their children. When one parent has full custody of a child, the non-custodial parent is responsible for their share of that support.
But how much will he or she be required to pay each month? How will that affect their own financial security? And how is child support calculated in South Carolina to begin with?
These are often the most pressing questions that parents ask the Summerville child support attorneys at TMW Law. We help our clients to understand the South Carolina Child Support Guidelines, including how to calculate a child support obligation based on both parents’ income, the costs of childcare, and the cost of healthcare for the child.
We will help to ensure that your spouse provides complete information to the court about their finances, and, whenever possible, advocate for a lower or higher child support payment based on your family’s unique circumstances.
Whether you are asking the court to order payment of child support in your divorce proceedings, asking the court to modify an existing child support order based on a change in circumstances, or contesting an unreasonable demand for child support, we understand that every client has different circumstances and different needs.
We understand that a peaceful resolution is always better for everyone involved, and that’s why we work hard to get the result that you need through negotiations before you walk into the courtroom. We also understand that, sometimes, a peaceful resolution is not possible, and when necessary, we are prepared to go to the distance to protect our client’s children and their financial security.
The attorneys at TMW Law understand that your child’s well-being and financial security are at stake whenever child support is at issue.
We will do everything that is legally and ethically in our power to help you to achieve your goals, whether that is enforcing or modifying an existing child support order or getting a child support order as part of your divorce proceedings that will protect your family’s financial future.
We will attempt to reach an agreement with the child’s other parent whenever possible, but, if we cannot reach an agreement, we will fight to protect you and your child, gather the evidence you will need to persuade the court, and ask a judge to order a child support payment that either complies with the SC Child Support Guidelines or deviates from the SC Child Support Guidelines, based on your family’s needs.
Alimony In South Carolina, Understanding How Judges Award And CalculateRead More
Divorce Laws In SC: Everything You Want To KnowRead More
Orders Of Protection In SC: Everything You Need To KnowRead More
Supervised Visitation In SC: Everything You Need To KnowRead More
What Factors Make A Parent Unfit In The Eyes Of A SC Court?Read More
What Are The Odds Of Getting Child Custody Modified In SC?Read More
Can I Move With My Children If I Have Primary Custody In SC?Read More
Temporary, Emergency & Expedited Hearings In Family Court: What Are They?Read More
You Can Rely on TMW Law
We can help if you:
- Need help negotiating a child support agreement that will be approved by the court
- Are facing a child support dispute with a difficult spouse
- Are navigating complex issues related to the calculation of child support payments or the application of the factors that will allow the family court to deviate from the Child Support Guidelines
- Are contemplating separation or divorce and children are involved
- Need to enforce an existing child support order
- Need to collect retroactive child support
- Need to modify an existing child support agreement based on a change in circumstances
When we handle your case, we’ll:
- Meet with you to learn about your situation and find out what your goals are in your case
- Investigate your case to find the evidence you will need to persuade the court that child support should be ordered, enforced, or modified, depending on your circumstances
- File any required pleadings or motions with the court
- Negotiate with the child’s other parent or their attorney to reach an agreement as to the amount of child support that must be paid
- Try your case in front of a family court judge and ask the court to order relief when an agreement cannot be reached
Frequently Asked Questions
Is Child Support Required in South Carolina?
Both parents are required to financially support their child under SC law. In fact, it is a crime punishable by up to one year in prison for an able-bodied parent to fail to financially support their child.
If the family court orders child support, the failure to pay can result in severe sanctions when a Rule to Show Cause is filed to enforce the court’s order, including:
- Jail time
- Garnishment of wages, tax returns, worker’s compensation, or unemployment benefits
- A negative impact on the non-paying parent’s credit score
- Loss of occupational licenses
- Loss of driver’s license
How is Child Support Calculated in SC?
Child support is calculated using the SC Child Support Guidelines, and the SC Department of Social Services provides a convenient online child support calculator for estimating child support obligations.
The Guidelines also provide a list of factors, or extraordinary circumstances, that may justify deviating from the Guidelines to order the payment of less or more child support, depending on the situation.
Is Mediation Required for Child Support Cases?
Mandatory mediation may be required in any case where there are contested issues, including child support. If the parties reach an agreement before mediation, they may be able to avoid the cost of a court-ordered mediator.
What Factors Can the Court Consider to Deviate from the Child Support Guidelines?
Although there is a presumption that application of the Child Support Guidelines will result in the appropriate amount of child support that must be paid, the court is allowed to consider ordering payment of less or more child support based on:
- The child or parent’s educational expenses
- How the marital property is distributed
- Consumer debts owed by either parent
- The number of children in a family (when it is greater than six)
- Extraordinary medical expenses or travel expenses
- Retirement pensions or union dues
- A child’s income (if it is substantial)
- Differences in the parents’ incomes
- Certain types of alimony or other payments ordered by the court
- Out-of-court agreements reached between the parents
How Can I Enforce Child Support?
If the child’s non-custodial parent is not paying their child support obligation, you can enforce an existing child support order through your child support attorney, or you can contact the SC Division of Child Support Services (DCSS).
In either case, your attorney will file a Rule to Show Cause asking the court to enforce the child support order and hold the other parent in contempt of court or garnish their wages if they refuse to pay.
He took the time to listen and got the job done. I highly recommend him.Lucy B.
She is professional and shows empathy. She defended me until all my charges were dismissed.Joel L.
The experience was fast and painless – and I got the result I wanted.Reese E.
Mr. Templeton was extremely professional and guided me through each step of the process in a timely manner.Dylan B.
He always had my best interest at heart and definitely took the worry and concerns off my shoulders.Missy G.
One-Stop Shop for Any Legal Needs
Former Prosecutors & Defense Attorneys
Extensive Trial Experience
Over 40 Years of Combined Experience